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Chapter IV – Procurement of data centre services, cloud computing services, software and AI systems by the Commission (Art. 37-40)

Art. 37 Cloud and AI Development Act - Procurement activities of the Commission arrow_right_alt

Art. 38 Cloud and AI Development Act - Arrangements for the procurement activities by the Commission arrow_right_alt

Art. 39 Cloud and AI Development Act - Applicable public procurement framework arrow_right_alt

  1. A participating entity shall be deemed to have fulfilled its obligations under applicable Union public procurement law where it acquires supplies or services by means of contracts awarded by the Commission under this Chapter, including through framework contracts concluded by or dynamic purchasing systems operated by the Commission acting as a central purchasing body, or any ancillary support services referred to in Article 37.
  2. The procedural provisions applicable to Union institutions shall apply to the procedures for the award of specific contracts under framework contracts or dynamic purchasing systems.
  3. A contracting authority that has acquired data centre services, cloud computing services, software and AI systems from the Commission as a central purchasing body shall ensure, in its agreements with the contracting authorities it serves, compliance with any contractual requirements by which it is itself bound.
  4. The Commission may decide to launch a procurement procedure open to participating entities without a prior specific request from them.
  5. By way of derogation from Article 168 of Regulation (EU, Euratom) 2024/2509, participating entities may request from the Commission, throughout the period of validity of a dynamic purchasing system, the possibility to participate in the system. Such request shall be approved by the Commission provided that the cumulative requests do not exceed 50% of the initial estimated quantities of the envisaged purchases. The participation shall be approved within 10 working days of receipt of the request and shall allow the participating entities to be included in any future invitation to tender.
  6. The possibility referred to in paragraph 5 shall be available only to participating entities that accede to the agreement referred to in Article 38 after the dynamic purchasing system has been launched.

Art. 40 Cloud and AI Development Act - Fees for procurement activities arrow_right_alt