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Public Procurement Authority

CHAPTER XIV/A - SPECIAL RULES SPECIFIED BY EUROPEAN UNION LEGAL INSTRUMENTS

Article 80/A

1. If the procurement procedure is subject to the Regulation (EU) 2022/1031 of the European Parliament and of the Council (hereinafter referred to as the IPI Regulation), namely an IPI measure pursuant to Article 6 of the IPI Regulation, the provisions laid down in Article 37, Article 50(2), Article 69, and Article 73(1) shall apply with the derogations provided for in this Article.

2. If the procurement procedure is subject to an IPI measure under Article 6 of the IPI Regulation, the contracting authority shall:

a) include in the notice on the result of the procedure the information relevant to the procedure in question, as required by Article 13(2) of the IPI Regulation,

b) refer in the notice launching the procedure to the application of the IPI Regulation, the applicable IPI measures and the obligations set out in Article 8 of the IPI Regulation,

c) evaluate the tenderer's offer pursuant to Article 6(6)(a) of the IPI Regulation, if the offer is subject to a scoring adjustment specified in the latetr Article,

d) declare the offer invalid

da) in a case falling under Article 3(3) of the IPI Regulation, or
db) if the tenderer's offer should be rejected in accordance with Article 6(6)(b) of the IPI Regulation,

e) stipulate as a contractual condition those specified in Article 8(1) and Article 8(2) of the IPI Regulation.

3. Where the procurement procedure is subject to an IPI measure under Article 6 of the IPI Regulation and the contracting authority makes use of the option provided in Article 9(1) of the IPI Regulation, paragraph 2(b) to (d) shall not apply.

4. In the case referred to in paragraph 3, the contracting authority shall send the information referred to in Article 9(2) of the IPI Regulation to the European Commission through the minister responsible for public procurement.

Article 80/B

1. If the estimated value of the public contract is above the threshold set out in Article 28(1)(a) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market [hereinafter: Regulation (EU) 2022/2560], the provisions set out in Article 50(2), Article 71, Article 72, and Article 73(1) shall apply with the derogations specified in this Article.

2. If the estimated value of the contract is higher than the value referred to in Article 28(1)(a) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council, the contracting authority shall:

a) indicate in the notice launching the procedure, and in the case of negotiated procedures without prior publication of a notice, in the public procurement documents, the obligation to notify or make a declaration pursuant to Article 29(1) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council,

b) in the case of a missing declaration or statement, invite the candidate or tenderer to submit it in accordance with Article 29(3) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council,

c) if an abnormally low price or cost is to be examined solely in light of the possible existence of a foreign subsidy, proceed in accordance with Article 29(7) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council,

d) declare the request to participate or the tender invalid if

(da) there is a case according to Article 29(4) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council, or
(db) the European Commission adopts a decision pursuant to Article 31(2) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council.

3. Notwithstanding Article 54(7) and Article 70(2a), where a detailed examination is opened pursuant to Regulation (EU) No 2022/2560 of the European Parliament and of the Council, the contracting authority may require the reservation of a tender security in the event of an invitation to reserve tenders for a period exceeding ninety days or one hundred and twenty days, respectively.

4. Paragraphs 1 to 3 shall also apply where there is an obligation to notify a foreign financial contribution in a procurement procedure pursuant to Article 29(8) of Regulation (EU) No 2022/2560 of the European Parliament and of the Council, except that if the European Commission requests the notification of a foreign financial contribution after the opening of the procurement procedure, paragraph 2(a) shall not apply.