E3h3 Awardproc en

ANNEX IV
Procurement by grant beneficiaries in the context of

European Union external actions
 PRINCIPLES
If the implementation of an action requires procurement by the beneficiary(ies), the contract must be
awarded to the tender offering best value for money (i.e. the tender offering the best price-quality ratio)
or, as appropriate, to the tender offering the lowest price. In doing so, the beneficiary(ies) shall avoid
any conflict of interests and respect the following basic principles:
Where the beneficiary does not launch an open tender procedure it shall justify the choice of
tenderers that are invited to submit an offer.
The beneficiary shall evaluate the offers received against objective criteria which enable measuring
the quality of the offers and which take into account the price (the offer with the lowest price shall be
awarded the highest score for the price criterion).
The beneficiary shall keep sufficient and appropriate documentation with regard to the procedures
applied and which justify the decision on the pre-selection of tenderers (where an open tender
procedure is not used) and the award decision.
With reference to Section 2.4 of PRAG, the beneficiary shall be responsible for the respect of
EU restrictive measures in the award of contracts.
The beneficiary may decide to apply the procurement procedures set forth in the practical guide. If these
procedures are correctly followed the principles above will be deemed to be complied with.
The European Commission will carry out ex post checks on beneficiary(ies)'s compliance with the
principles above and the rules of section 2 below. Failure to comply with these principles or rules would
render the related expenditure ineligible for EU/EDF funding.
The provisions of this Annex apply mutatis mutandis to contracts to be concluded by the
beneficiary(ies)'s affiliated entity(ies).
 ELIGIBILITY FOR CONTRACTS
1.1. The nationality rule
Participation in tender procedures managed by the beneficiary(ies) is open on equal terms to

all natural who are nationals of and legal persons (participating either individually or in
grouping-consortium- of tenderers) effectively established in a Member State or a country,
territory or region mentioned as eligible by the relevant regulation/basic act governing the
eligibility rules for the grant as per Annex A2a to the practical guide. Tenderers must state
their nationality in their tenders and provide the usual proof of nationality under their
national legislation.
This rule does not apply to the experts proposed under service tenders financed by the
grant.
1.2. The rule of origin
If the basic act or the other instruments applicable to the programme under which the grant
is financed contain rules of origin for supplies acquired by the beneficiary in the context of
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the grant1, the tenderer must be requested to state the origin2 of the supplies, and the
selected contractor will always have to prove the origin of the supplies.
For equipment and vehicles of a unit cost on purchase of more than EUR 5 000, contractors
must present proof of origin to the beneficiary(ies) at the latest when the first invoice is
presented. The certificate of origin must be made out by the competent authorities of the
country of origin of the supplies and must comply with the rules laid down by the relevant
Union legislation. Failure to comply with this condition may result in the termination of the
contract and/or suspension of payment.
Where supplies may originate from any country, no certificate of origin needs to be
submitted.
1.3. Exceptions to the rules on nationality and origin
Where an agreement on widening the market for procurement of goods, works or

services applies, access must also be open to nationals and goods originating from
other countries under the conditions laid down in that agreement.
In addition, in duly substantiated exceptional cases foreseen by the applicable

regulations, in order to give access to nationals or goods originating from countries
other than those referred to in Sections 2.1 and 2.2, a prior authorisation by the
European Commission must be sought prior to the launch of the procedure, unless
the action takes place in a country under a crisis declaration.
***
1
Under the CIR (i.e. not IPA I) and the EDF supplies may originate from any country if the amount of the
supplies to be procured is below EUR 100 000 per purchase.
2
For the purpose of this annex, the term ‘origin’ is defined in Chapter 2 of Regulation (EC) No 450/2008 of the
European Parliament and of the Council of 23 April 2008 laying down the EU Customs Code (Modernised
Customs Code).
July 2019 Page 2 of 2
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ANNEX IV

Procurement by grant beneficiaries in the context of

 ELIGIBILITY FOR CONTRACTS

1.1. The nationality rule

Participation in tender procedures managed by the beneficiary(ies) is open on equal terms to

1.2. The rule of origin

July 2019 Page 1 of 2

1.3. Exceptions to the rules on nationality and origin

Where an agreement on widening the market for procurement of goods, works or

In addition, in duly substantiated exceptional cases foreseen by the applicable

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