A
Abnormally Low Tender (ALT) A bid with a price so low that the contracting authority must ask the tenderer to explain it. Under Article 69 of Directive 2014/24/EU, an authority may reject an ALT if the explanation is unsatisfactory — e.g., if it relies on unlawful labour practices or unrealistic cost assumptions.
Award Criteria The criteria used to evaluate and rank compliant tenders. Under Directive 2014/24/EU, contracts must be awarded on the basis of the Most Economically Advantageous Tender (MEAT), incorporating price alongside quality, technical merit, sustainability, and other relevant factors.
Award Decision The formal decision by a contracting authority to award a contract to a specific tenderer, communicated simultaneously to all participants. A mandatory standstill period follows before the contract can be signed, allowing unsuccessful bidders to initiate legal challenges. B
BAFO (Best and Final Offer) A final revised offer submitted by tenderers in negotiated procedures or competitive dialogue, after iterative discussions have refined the specification and commercial terms. BAFO submissions typically conclude the negotiation phase before final evaluation and award.
Below-Threshold Contract A public contract with a value below the applicable EU procurement threshold, which is therefore not required to be published on TED. Member states set their own rules for below-threshold procurement; many national systems require domestic publication above lower national thresholds.
Bid Bond A financial guarantee submitted with a tender ensuring the bidder will honour its offer and enter into the contract if selected. Common in construction and infrastructure procurement, bid bonds protect contracting authorities against tenderers withdrawing after award. C
Call-Off Contract A contract placed against an existing framework agreement or dynamic purchasing system, without running a full new procurement procedure. Call-offs may be direct (at pre-agreed prices) or via mini-competition between framework members for a specific requirement.
CAN (Contract Award Notice) The notice published on TED after a contract has been awarded, disclosing the winner's identity, contract value, and evaluation outcomes. Required to be published within 30 days of award for above-threshold contracts.
Central Purchasing Body (CPB) An organisation that aggregates purchasing demand and operates framework agreements on behalf of multiple contracting authorities. Examples include UGAP (France), Consip (Italy), SKI (Denmark), and Hansel (Finland).
Clarification A request submitted by a potential tenderer to the contracting authority seeking explanation of unclear requirements in the tender documents. Contracting authorities must publish all clarifications and responses to all interested suppliers simultaneously.
CN (Contract Notice) The notice published at the start of a procurement process, inviting suppliers to submit tenders or requests to participate. The primary document for identifying new EU procurement opportunities on TED.
Competitive Dialogue A procurement procedure for complex contracts where the contracting authority conducts structured dialogue with shortlisted candidates to develop suitable solutions, before inviting final tenders based on the refined specification.
Competitive Procedure with Negotiation A procedure introduced by Directive 2014/24/EU allowing contracting authorities to negotiate with tenderers to improve initial bids. Requires prior publication of a contract notice and may be used where open or restricted procedures are not suitable.
Concession Contract A contract under which a contractor operates a service or works and receives payment primarily from end-users (operating risk transfer). Governed by Directive 2014/23/EU on concessions rather than the standard procurement directive. Common in transport, utilities, and urban services.
Consortium A group of companies that jointly submit a single tender for a contract. Each consortium member typically covers different aspects of the deliverable. Also called a 'joint venture' or 'grouping of economic operators.' All members bear joint and several liability.
Contracting Authority A public body required to comply with EU procurement directives when purchasing goods, services, or works. Includes state bodies, regional and local authorities, bodies governed by public law, and associations thereof. Defined in Article 2 of Directive 2014/24/EU.
Contracting Entity An organisation subject to the Utilities Directive 2014/25/EU — including public undertakings and entities operating under special or exclusive rights in water, energy, transport, or postal services sectors.
CPV (Common Procurement Vocabulary) The EU's standardised eight-digit code system for classifying public contracts by subject matter. Every TED notice includes at least one CPV code. The CPV system enables systematic filtering and analysis of EU procurement across sectors and categories. D
Debriefing Feedback provided by a contracting authority to an unsuccessful tenderer after contract award. Bidders have a legal right to request debriefing under Article 55 of Directive 2014/24/EU, including scores on each evaluation criterion and reasons for non-selection.
Defence Directive (2009/81/EC) The EU directive governing procurement of defence equipment, sensitive security supplies and services, and related works. Applies different rules from the standard procurement directive, allowing stricter security conditions, supply chain controls, and information classification requirements.
Direct Award A contract placed with a specific supplier without a prior competitive procurement process. Only lawful in exceptional circumstances defined in Article 32 of Directive 2014/24/EU — primarily market monopoly, extreme urgency, or follow-on contracts for additional works.
Directive 2014/24/EU The primary EU directive governing public procurement of goods, services, and works by public authorities. Sets mandatory rules for above-threshold procurement, including publication requirements, procedures, qualification criteria, award criteria, and remedies.
Dynamic Purchasing System (DPS) An electronic process for common purchases that operates like a framework agreement but remains permanently open to new suppliers throughout its lifetime. Any qualifying supplier can apply to join at any time, unlike a closed framework with a fixed membership. E
e-Certis The European Commission's online database mapping national certificates, attestations, and supporting documents across EU member states — used to identify what documentation proves specific qualifications in different countries.
Economic Operator Any company, person, or body that may offer goods, services, or works in a procurement procedure. The term includes tenderers, candidates, and subcontractors. Used neutrally to encompass businesses of all types and sizes across the EU.
eForms The standardised electronic forms for EU procurement notices mandated under Implementing Regulation (EU) 2019/1780. Replaced the previous notice formats from late 2023, introducing structured data fields and improved machine-readability of procurement information.
Electronic Auction An iterative process using electronic means to rank or revise tender elements based on automatic evaluation. Used in the final phase of some framework agreement mini-competitions and open procedures for standardised supplies, enabling real-time competitive price refinement.
ESPD (European Single Procurement Document) The standardised self-declaration required from tenderers in above-threshold EU procurement, covering exclusion grounds and selection criteria. Introduced by Article 59 of Directive 2014/24/EU as an 'electronic passport' to reduce administrative burden on bidders.
Exclusion Grounds Circumstances in which a supplier must (mandatory) or may (discretionary) be excluded from procurement. Mandatory grounds include criminal convictions for corruption, fraud, and terrorism. Discretionary grounds include insolvency, professional misconduct, and conflicts of interest. F
Framework Agreement An agreement establishing the terms governing contracts to be awarded over a period (maximum 4 years, 8 years for utilities and defence). Individual call-offs can be placed without a new full competition, subject to the terms of the framework. G
GPA (Government Procurement Agreement) A WTO plurilateral agreement binding its parties — including the EU — to open their public procurement markets to each other's suppliers on a reciprocal basis. Applies above defined thresholds to covered entities and categories.
GPP (Green Public Procurement) The voluntary policy of incorporating environmental criteria into public procurement specifications and award criteria. Promoted by the European Commission through sector-specific GPP criteria as a tool to advance Green Deal objectives and sustainable consumption. I
In-House Award (Teckal Exception) A contract awarded by a public authority to an entity it controls without a procurement procedure — permissible where the controlled entity carries out the essential part of its activities for the controlling authority. Established by CJEU case law (Teckal, Case C-107/98).
Innovation Partnership A procurement procedure introduced by Directive 2014/24/EU allowing contracting authorities to structure an R&D phase followed by procurement of the resulting innovative solution from the same partner(s), without a separate procurement procedure for the supply phase.
ITT (Invitation to Tender) The document issued by a contracting authority to candidates in a restricted procedure, competitive dialogue, or competitive procedure with negotiation, inviting them to submit a formal tender once shortlisting is complete. J
Joint Cross-Border Procurement Procurement conducted jointly by contracting authorities from two or more EU member states, governed by Article 39 of Directive 2014/24/EU. Used for shared infrastructure, research infrastructure, and other cross-border investments, typically under a formal joint procurement agreement. L
Lifecycle Cost The total cost of a product or service over its entire lifespan, including acquisition, operation, maintenance, and end-of-life costs. Directive 2014/24/EU explicitly permits contracting authorities to use lifecycle cost as an award criterion, promoting value-over-time evaluation.
Light-Touch Regime (LTR) A simplified procurement regime applying to certain social, health, and other services listed in Annex XIV of Directive 2014/24/EU (above €750,000). LTR contracts require publication on TED but allow more flexible procedure design than standard procurement rules.
Lot A subdivision of a contract that can be tendered and awarded separately. Article 46 of Directive 2014/24/EU requires contracting authorities to consider dividing contracts into lots to improve SME access and enable specialised suppliers to compete for manageable portions. M
MEAT (Most Economically Advantageous Tender) The mandatory award basis under EU procurement law. MEAT evaluations consider price alongside quality, technical merit, environmental characteristics, after-sales service, social value, and other relevant criteria — replacing lowest-price-only award decisions.
Mini-Competition A second-stage competition between suppliers already admitted to a framework agreement, used to determine which framework member wins a specific call-off contract. Required for multi-supplier frameworks where the initial terms do not specify all delivery conditions.
Modification (Contract Modification) A change to a contract during its performance, governed by Article 72 of Directive 2014/24/EU. Substantial modifications that effectively change the nature of the contract require a new procurement procedure; minor modifications within defined limits are permitted without re-tendering.
Mutual Recognition The EU principle requiring contracting authorities to accept equivalent qualifications, certificates, and attestations from other member states. An Austrian company cannot be required to hold German professional registrations to bid on German contracts if its Austrian equivalent demonstrates the same competence. N
Negotiated Procedure Without Prior Publication An exceptional direct award mechanism under Article 32 of Directive 2014/24/EU, permissible only in narrowly defined circumstances: extreme urgency, market monopoly, additional works beyond original scope, or follow-on to a design contest. Subject to strict justification requirements.
NUTS Code Nomenclature of Territorial Units for Statistics — the EU's hierarchical geocoding standard for regions and sub-regions. TED notices include NUTS codes to indicate the location of contract performance, enabling geographic filtering of procurement opportunities. O
OJEU (Official Journal of the EU) The official gazette of the EU, in which above-threshold procurement notices are published via TED (Tenders Electronic Daily). The supplement to the OJEU (S-series) is dedicated to public procurement notices from EU member states and institutions.
Open Procedure The most common EU procurement procedure — any qualified supplier can submit a full tender without pre-qualification or shortlisting. Standard minimum deadline: 35 days from contract notice publication (reducible to 15 days with PIN or electronic submission). P
PCP (Pre-Commercial Procurement) A procurement approach where contracting authorities fund R&D from multiple competing suppliers to develop innovative solutions in parallel phases — exploration, prototype, testing — before procuring the resulting product through a separate commercial procurement process.
Performance Bond A financial guarantee typically required from the winning tenderer before contract signature, ensuring compensation to the contracting authority if the contractor defaults on performance obligations. Common in large construction and infrastructure contracts.
PIN (Prior Information Notice) An advance notice published before a formal procurement begins, giving suppliers early market warning of upcoming contracts. Publishing a PIN can reduce the subsequent tender deadline to 15 days and enables buyer-supplier market engagement before tender launch.
PPI (Public Procurement of Innovation) The use of public procurement to stimulate and acquire innovative goods, services, or works that do not yet exist at the required scale. PPI uses standard procurement procedures (often innovation partnerships or competitive dialogue) but with forward-looking, functional specifications.
Professional Indemnity Insurance Insurance covering liability arising from professional errors, omissions, or negligent advice. Frequently required for consulting, engineering, legal, and IT services procurement as a financial standing criterion, with minimum coverage levels specified in selection criteria. Q
Qualification System A pre-qualification mechanism specific to utilities procurement (Directive 2014/25/EU), allowing contracting entities to establish and maintain a register of pre-approved suppliers, avoiding the need to assess qualification with each individual procurement.
Qualitative Selection The assessment phase in which contracting authorities evaluate whether a supplier meets the selection criteria (financial standing, technical and professional ability) before evaluating the quality of the tender itself. A two-stage process in restricted, competitive dialogue, and negotiated procedures. R
Remedies Directive Directive 89/665/EEC (as amended), requiring EU member states to provide effective, rapid judicial review mechanisms for procurement decisions. Gives unsuccessful bidders the right to seek interim suspension of award decisions and to claim damages for procurement law infringements.
Request for Information (RFI) A pre-procurement market engagement exercise issued to potential suppliers to gather information on market capacity, pricing levels, technical approaches, or commercial models — informing the design of a forthcoming procurement without committing to purchase.
Request to Participate (RTP) The expression of interest submitted by economic operators in the first stage of a restricted procedure, competitive dialogue, or competitive procedure with negotiation. Based on RTPs, the contracting authority shortlists candidates to invite to the full tender stage.
Restricted Procedure A two-stage procurement procedure: suppliers first submit requests to participate, a shortlist of 5+ candidates is established (based on selection criteria), and shortlisted candidates are then invited to submit full tenders. Limits evaluation workload for complex high-value contracts. S
Selection Criteria Criteria assessing whether a supplier has the financial standing, technical capability, and professional qualifications to perform the contract — assessed separately from, and before, the evaluation of the tender itself. Set out in the contract notice and ESPD.
Self-Cleaning The process by which a supplier that has been convicted of an exclusion ground demonstrates rehabilitation through concrete measures — paying damages, cooperating with authorities, implementing compliance programmes — sufficient to allow re-participation in procurement.
SME (Small and Medium-Sized Enterprise) An enterprise with fewer than 250 employees and either annual turnover below €50 million or balance sheet below €43 million. EU procurement policy actively promotes SME participation through lot division, proportionate selection criteria, and limits on turnover thresholds.
Social Value The broader social, economic, and environmental benefits of a contract beyond its direct deliverables — including local employment, living wage commitments, supply chain diversity, and community investment. Increasingly embedded in EU public procurement award criteria.
Standstill Period The mandatory minimum period (10 days for electronic notification, 15 days for other means) between the award decision notification and contract signature. Provides unsuccessful bidders the opportunity to initiate legal challenges before the contract becomes binding.
Subcontracting The practice of a main contractor engaging third-party suppliers to perform part of the contract. EU rules require tenderers to indicate intended subcontractors and their roles. Contracting authorities may require quality checks on subcontractors or limit subcontracting for critical elements. T
Technical Dialogue A pre-procurement market consultation with potential suppliers to gather technical information, test assumptions, and refine specifications before launching a formal procurement. Permitted under Article 40 of Directive 2014/24/EU, provided it does not distort competition.
Technical Specifications The precise description of the characteristics required of the goods, works, or services being procured — including performance requirements, functional specifications, standards (EN, ISO), and test methods. Must not discriminate against suppliers by referencing specific brands.
TED (Tenders Electronic Daily) The EU's official electronic procurement journal, supplementing the Official Journal of the EU. All above-threshold contracts must be published on TED. Accessible at ted.europa.eu, TED publishes approximately 750,000 procurement notices annually.
TFEU (Treaty on the Functioning of the EU) The primary treaty establishing fundamental EU internal market principles underlying procurement law: free movement of goods, freedom of establishment, freedom to provide services, non-discrimination, equal treatment, transparency, and proportionality.
Threshold The financial value above which EU procurement procedures are mandatory and contracts must be published on TED. Current thresholds (2024–2025): €143,000 (central government works/services), €221,000 (sub-central), €5,538,000 (works). Updated every two years.
Total Cost of Ownership (TCO) An evaluation methodology considering all costs associated with acquiring, operating, maintaining, and disposing of a product or system over its full life. Used increasingly in IT, vehicle, and equipment procurement as part of MEAT evaluation to avoid lowest-purchase-price bias.
Turnover Threshold A financial selection criterion requiring tenderers to demonstrate minimum annual turnover to participate in a procurement. Under Article 58 of Directive 2014/24/EU, turnover thresholds must be proportionate — generally not exceeding twice the annual contract value — to preserve SME access. U
Utilities Directive (2014/25/EU) The EU directive governing procurement by entities operating in the water, energy, transport, and postal services sectors ('utilities'). Applies more flexible rules than Directive 2014/24/EU, including higher thresholds, qualification systems, and negotiated procedure availability. V
Variant An alternative technical or commercial solution offered by a bidder alongside, or instead of, the standard requested solution. Only permitted where the contracting authority explicitly allows variants in the contract notice. Variants must meet minimum requirements specified in the tender documents.
Voluntary Ex-Ante Transparency (VEAT) Notice A notice published in TED before a direct award, giving third parties 11 calendar days to challenge the intended award before the contract is signed. Provides contracting authorities with a degree of legal protection when using direct award procedures in borderline cases. W
Weighting (Criteria Weighting) The relative importance assigned to each award criterion in a multi-criteria evaluation. Weightings must be disclosed in the contract notice or tender documents. Price weighting and quality weighting must together total 100%. Contracting authorities may not change weightings after the deadline for submissions.
Whole Life Cost Equivalent to Total Cost of Ownership — the complete cost of a product, service, or works over its entire operational life, including acquisition, installation, operation, maintenance, and disposal. Increasingly mandated in construction and major equipment procurement to drive sustainable value.
Works Contract A public contract for the execution of civil engineering or building works — including design-and-build and concession-based delivery models. Works contracts have the highest EU procurement threshold (€5,538,000 for standard authorities) reflecting their typically large scale and complexity.