(English) Model Form Flowchart

Clicking on the yes/no options to the following questions will assist us in directing you to the appropriate letter to notify Candidates/Tenderers at different stages of the procurement process

Is the Procurement Procedure for a Works Contract ?        No

Is the Procurement Procedure for a works-related service contract?       Yes

Is it an Open Procedure?        Yes           No

(for a definition of a Works Contract move cursor hereinfoA contract is a works contract is if meets the definitions set out in the EU Procurement Directives – Article 1 (2)(b) of 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts or Article 1 (2)(b) of 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
In the case of mixed contracts i.e. contracts which may have elements of works, services and supplies it is the object of the contract that must first be considered when deciding which of the three classifications it falls under. Value alone can be a useful means of deciding the nature of the contract but it is only one aspect that should be considered.
Therefore if the object of the contract is the construction of a building then it should be classed as a works contract regardless of the relative values of the supplies and services included. Even though there may be elements of works involved in a particular contract such as a facilities management contract, the object of such a contract is essentially a services contract.
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