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GUIDE TO THE COMMUNITY RULES ON PUBLIC PROCUREMENT OF SERVICES OTHER THAN IN THE WATER, ENERGY, TRANSPORT
AND TELECOMMUNICATIONS SECTORS
DIRECTIVE 92/50/EEC
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Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts.
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Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts
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With effect from 1.7.93 completed coverage of procurement by public authorities. Based on the Works Directive, but allows greater freedom to use the negotiated procedure with a prior call for competition. Applies award procedures to Part A services, but only requirements on specifications and award information for Part B services (see Table 1). Includes rules on design contests and quality assurance. Does not apply to public service concession contracts.
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Covers purchase or hire of goods by 'public authorities' - the State (Government Departments and Parliament), local authorities, and a wide range of mainly public sector bodies.With effect from 14.6.94 this consolidated the text of European Directive 77/62/EEC as amended by 80/767/EEC,88/295/EEC and 90/531/EEC, and introduced changes to align it more closely with the Works and Services Directives.
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Covers procurement by public authorities of civil engineering and building works, the award of works concession contracts, and works contracts mainly funded by public authorities.With effect from 14.6.93 this consolidated the text of Directive 71/305/EEC as amended by 89/440/EEC and 90/531/EEC.
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Covered bodies (contracting entities or "utilities") include public authorities, public undertakings and private companies operating on the basis of special or exclusive rights. Exclusions for procurement for non-relevant activities and competitive resale. Rules more flexible than those for public sector. Where offers of supplies are equivalent, preference is given to offers mainly of EC origin - equivalence includes price within 3 per cent.With effect from 1.7.94 covers supplies, works and services contracts for relevant activities in the energy, water, transport and telecommunications sectors
Alternative regime for UK upstream oil and gas operators approved by the Commission, (OJ: L156, 13.6.1997) - option to comply with principles of non-discrimination and competitive procurement instead of detailed rules. Commission considers most telecoms operators meet test for exclusion, that sector should be dropped from directive and that procurement of telecoms services should be covered by all directives.
The definition of Part A services is almost the same as in the public sector (but includes more financial services). Intra-group provision exempts service contracts with affiliates (80 per cent EC turnover on services from members of group) and between joint ventures and members of them which are contracting entities.
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SCHEDULE 1 - ACTIVITIES CONSTITUTING WORKS
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