S.L. 601.5 Art. 172Individual reports on procedures for the award of contracts.

(1) This regulation shall apply to every contract or framework agreement covered by these regulations, and every time a dynamic purchasing system, where the estimated value of such procedures falls under sub-regulation 30(1)(b).

(2) Contracting entities shall keep appropriate information on each contract or framework agreement covered by these regulations and each time a dynamic purchasing system is established. This information shall be sufficient to permit them at a later date to justify decisions taken in connection with:

(a) the qualification and selection of economic operators and the award of contracts;

(b) the use of negotiated procedures without a call for competition by virtue of regulations 124 to 128; (c the non-application of regulations 14, 34, 39 to 42, 56 to 59, 63 to 69, 69, 71 to 78, 82 to 85, 92, 143 to 150, 154 to 171 and 174 to 180 by virtue of the derogations provided for in these regulations;

(d) where necessary, the reasons why other means of communication than electronic means for the electronic submission have been used.

(3) To the extent that the contract award notice drawn up pursuant to regulations 65 or 136 contains the information required in this regulation, contracting entities may refer to that notice.

(4) Contracting entities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on communications with economic operators and internal deliberations, preparation of the procurement documents, dialogue or negotiation if any, selection and award of the contract. The documentation shall be kept for a period of at least three years from the date of award of the contract.

(5) The report, or its main elements, shall be communicated to the Commission or the competent authorities, bodies or structures where they so request.