The use of a competitive procedure with negotiation is limited to the specific cases detailed
in point 12.1 of Annex I of the Financial Regulation. In the present case, the Commission
will use this specific procedure as the contract cannot be awarded without prior
negotiations because of specific circumstances related to the nature, complexity or the
legal and financial make-up of the contract or the risks attached to the subject matter of
the contract
Indeed, given
the complexity of the product that is intended to be purchased, it is impossible to draft a
comprehensive framework contract from the start of the procedure. One example amongst
others: the ordering mechanism should be aligned with the vaccine production lead times
of the company that will be awarded the contract. The lead times may vary between
companies but are not known to the contracting authorities and cannot be described in
advance.
The envisaged joint procurement procedure is open to all countries participating in the JPA
as well as to the Commission, which participates as the lead contracting authority. This
procedure will not restrict the interested countries to conduct parallel procurements. In line
with Article 8 and Article 9 of the JPA, the interested countries will participate in the
evaluation and negotiations of offers together with the Commission. Nominations will take
place upon the launch of the call for tender.
We hereby request the countries to express their interest in participating in the above-
mentioned procedure by Monday 18 December 2023.
Yours faithfully,
Head of Unit
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