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Article 37
Procurement activities of the Commission
1. The Commission may carry out procurement activities to procure data centre
services, cloud computing services, software and AI systems for itself and forUnion
entitiesand for contracting authorities of Member States , in accordance with
Regulation (EU, Euratom) 2024/2509, subject to the exceptions set out in this
Chapter. By way of derogation from Article 168 of Regulation (EU, Euratom)
2024/2509, partner organisations referred to in Article 168(3) of that Regulation
selected by the Commission may also participate in the procurement activities set out
in this Chapter. Contracting authorities of Member States, Union entities, and partner
organisations selected by the Commission, shall be considered as ‘participating
entities’ under this Chapter.
2. Contracting authorities may participate in the procurement procedures on their own
behalf, or as central purchasing bodies within the meaning of Article 2(1), point (16)
of Directive 2014/24/EU when they qualify as such. Specific rules and obligations
governing their participation may be imposed where they participate as central
purchasing bodies in the agreement referred to in Article 38.
3. In addition to the procurement activities provided for in Article 168 of Regulation
(EU, Euratom) 2024/2509, the Commission may act as a central purchasing body for
contracting authorities of Member States and partner organisations selected by the
Commission, by:
(a) procuring data centre services, cloud computing services, software and AI
systems on behalf of, or in the name of, one or more contracting authorities of
Member States and partner organisations selected by the Commission, by
concluding framework contracts or operating dynamic purchasing systems for
services intended for the participating entities;
(b) acting as a wholesaler by acquiring such services and supplies and reselling
them or, in exceptional circumstances, donating them to one or more
contracting authorities of Member States.
4. In carrying out procurement activities, the Commission may provide ancillary
support to participating entities, including:
(a) technical infrastructure enabling participating entities to use awarded contracts
or award contracts, including specific contracts under concluded framework
agreements, for data centre services, cloud computing services, software and
AI systems;
(b) advice and support on preparing and implementing procurement procedures;
(c) preparation and conduct of procurement procedures on behalf of, or in the
name of, the entities concerned;
(d) invoicing and other administrative services relating to the contracts awarded.
5. Such ancillary support may be provided directly by the Commission, through a
subcontractor, or by delegation to Union bodies or agencies. Accession of
participating entities to the agreement referred to in Article 38 may be subject to the
acceptance of one or more ancillary support services.
6. The Commission may establish and manage a common procurement platform
including services that may be used to facilitate the procurement activities under this
Chapter.