For concessions the contracting authority/entity is free to organize the procedure freely, provided that the general principles are upheld.
Different rules apply for public procurement procedures above the threshold values set by the European Commission and for public procurement procedures below those threshold values as well. If, and when, these procedures can be used are also different in the Public Procurement Act, the Utilities Procurement Act and the Defense Procurement Act. Contracting authorities/entities may employ the following procedures for procurements above the threshold value;
When the value of a contract is below the EU threshold value the following procedures may be used:
According to chapter 12 section 1 and chapter 19 section 16 of the Procurement Act and chapter 12 section 1 and chapter 19 section 16 of the Utilities Procurement Act contracting authorities/entities are required to use electronic means for the entire procurement procedure.
According to chapter 10 section 1 of the Concessions Procurement Act contracting authorities/entities are required to use electronic means for the entire procurement procedure if the threshold values contained in the European Directives are equalled or exceeded. For concessions below the threshold values there is no such requirement.
For procurements under the Defense Procurement Act the contracting authorities are allowed, but not required, to use electronic means for the procurement process following chapter 10 section 1.
EU-wide calls for tenders are published on the website Bids Electronic Daily (TED): http://ted.europa.eu/
TED is the online version of the Supplement to the Official Journal of the EU, dedicated to European public procurement.
Most contracting authorities and entities use electronic databases to call for tenders and where it is also possible to ask questions during the procedure, submit tenders etc. The most popular databases are the following:
In the Public Procurement Act, the Utilities Procurement Act and the Concessions Procurement Act, there are mandatory grounds of exclusion for bidders who have been convicted of any of the offences listed therein have to be excluded from the competition. The relevant offences include, e.g., forming criminal organizations, money laundering, fraud and giving bribes as an incentive to the recipient's violating his official duties. Moreover, exclusion is mandatory if the bidder is in breach of its obligations relating to the payment of taxes or social security contributions.
The contracting authority may furthermore exclude a bidder in cases of anticompetitive behavior (e.g. if the respective bidder has entered into an agreement with other bidders aimed at distorting competition or if the respective bidder has made attempts to unduly influence the contracting authority), bankruptcy or upcoming insolvency, a negative contracting track-record, a grave professional misconduct, a conflict of interest, a prior involvement in the preparation of the bid which grants the respective bidder a competitive advantage which cannot be balanced otherwise (see also below under e.), or supplying misleading information during the procurement procedure. The exclusion has to be proportionate.
Similar, but not identical, rules applies for procurements under the Defense Procurement Act.