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Procurement and grants
In accordance with Article 92 of the EUIPO’s Financial Regulation as regards procurement and with Article 94 of the EUIPO’s Financial Regulation as regards grants, the relevant provisions of the Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union will apply to the EUIPO.
Annual procurement and grants plan
Publication of the EUIPO intentions of planned procurement procedures by financial year
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Procurement
The EUIPO buys services and supplies through public procurement procedures, in line with EU legislation and the basic principles of transparency, equal treatment and non-discrimination, widest competition, proportionality and sound financial management. In the framework of international cooperation, the EUIPO launches procurement procedures in the context of EU-funded projects in non-EU countries.
How are procurement contracts awarded?
Open call for tenders
For purchases above €140 000.
Open to all economic operators with EU market access.
Published in the EU Official Journal with at least 37 days to submit offers.
Negotiated procedure for tenders
Below €15 000, invite at least 1. Direct invitation with no advance publicity
Above €15 000 and below €60 000, invite at least 3. Ex ante publicity on website for expression of interest, then direct invitation.
Above €60 000 and below €140 000, invite at least 5. Ex ante publicity on website for expression of interest, then direct invitation.
Negotiated procedure with no call for tenders
For purchases of any value, a contract may be awarded directly to an economic operator without the need of a call for tenders, in the circumstances described in paragraph 11.1 of Annex 1 of the EU Financial Regulation.
- Monopoly due to ownership / protection of exclusive rights.
- Extreme urgency due to unforeseeable events.
Type of contract
Framework contract (FWC)
Exact deliverables and timing NOT known:
- Single, 1 FWC signed with 1 contractor (individual organisation or consortium)
- Cascade, FWC signed with different contractors and assigned order of ranking
- Reopening competition, FWC signed with pool of contractors that compete for specific assignments
Direct contract
Exact deliverables and timing known
Specific contracts/ order forms
Exact deliverables and timing known
Who owns contract deliverables?
EUIPO owns contract deliverables
with the exception of those subject to pre-existing intellectual property rights. The EUIPO can make use of the contract deliverables that it owns, without consulting the contractor.
Owner only of parts of deliverables subject
to pre-existing intellectual property rights. If the contractor wants to make use of or publish contract deliverables, they must request permission in advance.