PRINCIPLE OF PROPORTIONALITY

The principle of Proportionality requires that procedures followed for awarding a contract must be proportionate to the value of the contracts; this generally means more demanding procedures for higher value contracts.

In order to respect the principle of proportionality internal rules and procedures have to be established having due regard to the amount of the contract and taking into account the overall costs of the procurement procedure versus the difficulty and risk associated with the contract.
Clearly, some lower-value contracts may still involve great risk hence adopting more stringent measures may be prudent and justified.
 

According to the principle of proportionality, the minimum procedural standards that have to be respected by the Partners’ procedure, are the following:

In addition to its internal procedures on exceptions, the Partners are allowed to apply a procurement procedure based on a single offer in the following cases:

• In Urgent Actions

• When procuring through a Humanitarian Procurement Centre

• For property contracts, whatever the estimated value of the contract, and after prospecting the local market. Pursuant to Article 8(4)(e) of the General Conditions, purchase of immovable assets may only be eligible by the Union in exceptional cases, when specified in the Specific Grant Agreement;

• After the initial procedure has been completed when no tenders or offers, or no suitable tenders or offers have been submitted in response to a competitive procurement procedure, provided that the original contract specifications are not substantially altered;

• When, for technical or operational reasons, or for reasons connected with the protection of exclusive rights, the contract can only be awarded to a particular economic operator;

• For additional contracts consisting in the repetition or renewal of services, works or supplies entrusted to a contractor which was awarded with an earlier contract in the same region, provided that the terms of the original contract are not substantially altered. The period elapsed from the award of the first contract shall not be longer than one year. Contracts are not to be renewed on these grounds more than twice, except where duly justified and documented;

• For additional supplies, works and services not included in the initial contract that, due to unforeseen circumstances, have become necessary for the performance of the Action, provided that the aggregate amount of additional supplies, works or services does not exceed 50% of the value of the initial contract.

In any case, these exceptions need to be documented