Article 39 · Conduct of the dynamic procedure with selection criteria

1.Upon the publication of the public summary of competition, and until the validity of the procedure has expired, economic operators may request to join the procedure, by sharing their profile with the public buyer trough the eligibility system established pursuant to Article 133. By sharing their profile, the economic operators declare that they are qualified to perform the contract.

2.The public buyer shall admit economic operators to the procedure on the basis of the selection criteria indicated in the public summary of competition.

3.Where public buyers intend to award individual contracts based on the dynamic procedure, they shall inform all economic operators that have until that point been selected for joining the procedure about the individual contract to be awarded, including the precise description, quantity and timing of the purchase in question. Public buyers shall invite all economic operators participating in the dynamic procedure to express their interest in the specific contract to be awarded, setting a reasonable time limit for expressions of interest.

4.After the expiry of the time limit referred to in paragraph 3, public buyers shall invite all economic operators that have expressed their interest in the specific contract to be awarded either to submit a tender, or to submit a first tender followed by negotiations. By way of derogation from the first subparagraph, public buyers may decide to only invite a subset of the economic operators having expressed their interest in the specific contract to be awarded, on the basis of objective and non-discriminatory criteria or rules, provided that they have indicated these in the public summary of competition on the launch of the dynamic procedure.