CADA tracker · source extraction
Article 39
Applicable public procurement framework
1. A participating entity shall be deemed to have fulfilled its obligations under
applicable Union public procurement law where it acquires supplies or services by
means of contracts awarded by the Commission under this Chapter, including
through framework contracts concluded by or dynamic purchasing systems operated
by the Commission acting as a central purchasing body, or any ancillary support
services referred to in Article 37.
2. The procedural provisions applicable to Union institutions shall apply to the
procedures for the award of specific contracts under framework contracts or dynamic
purchasing systems.
3. A contracting authority that has acquired data centre services, cloud computing
services, software and AI systems from the Commission as a central purchasing body
shall ensure, in its agreements with the contracting authorities it serves, compliance
with any contractual requirements by which it is itself bound.
4. The Commission may decide to launch a procurement procedure open to
participating entities without a prior specific request from them.
5. By way of derogation from Article 168 of Regulation (EU, Euratom) 2024/2509,
participating entities may request from the Commission, throughout the period of
validity of a dynamic purchasing system, the possibility to participate in the system.
Such request shall be approved by the Commission provided that the cumulative
requests do not exceed 50% of the initial estimated quantities of the envisaged
purchases. The participation shall be approved within 10 working days of receipt of
the request and shall allow the participating entities to be included in any future
invitation to tender.
6. The possibility referred to in paragraph 5 shall be available only to participating
entities that accede to the agreement referred to in Article 38 after the dynamic
purchasing system has been launched.