Procedure types in T01 and T02

[JanEmde]

Since SDK 1.11, the name of the procedure types with the codes “comp-tend” and “exp-int-rail” have the addition “(article 5(3b) of regulation 1370/2007)”.

We have now received the following feedback from a German contracting authority:

In our view, this addition is incorrect, as competitive tendering procedures pursuant to Article 5(1) of Regulation (EC) No. 1370/2007 are also subject to the prior information obligation under Article 7(2) of Regulation (EC) No. 1370/2007.

Correctly, the standard form T01 should also offer the option of selecting a competitive tendering procedure in accordance with Article 5(1) of Regulation.

My proposed solution would be to simply remove the reference to the specific article. Ultimately, this does not exist for other types of procedures either.

[JanEmde]

The contracting authority has also just provided us with an email correspondence from 2022. The error was already reported there once and subsequently corrected (up until SDK 1.11):

RE_ OPXHD-171112 - RE_ Standardformular T01, Vorinformation für öffentliche Dienstleistungsaufträge – Emde, Jan – Outlook.pdf

[julemari]

We are in coordination with the Commission and are currently checking the possibility of also allowing other procedure types for T01 than the currently allowed “Competitive tendering”, “Request for expression of interest – only for rail” and “Negotiated without prior call for competition”. We will get back to you regarding this.

Regarding your suggestion, we do not think that removing “article 5(3) of Regulation 1370/2007” behind the procedure type “comp-tend” would be beneficial.
The procedure type “comp-tend” (competitive tendering) refers exclusively to the “competitive tendering procedure” procedure type described in Article 5(3) of Regulation 1370/2007.
It is true that through Article 7(2) jo. 5(1) of Regulation 1370/2007, it might be possible to use T01 (PIN for transport forms) with other procedure types (This is what is currently being checked with the Commission). But these other procedure types are then not the “competitive tendering procedure” as defined in Article 5(3) of Regulation 1370/2007 but different procedure types.