Art. 70. Prior information notice

1. Contracting authorities or contracting entities shall make known by the 31 December of each year their intentions of planned procurements in the following year through the publication of a prior information notice. The notice, containing the information set out in Annex XIV, part I, letter B, section B1, shall be published by the contracting authority on its buyer profile. For contracts whose amount is equal or higher with respect to the threshold set out in Article 35, the prior information notice is published by the Publications Offices of the European Union or by the contracting station on its buyer profile. In this latter case, contracting authorities or contracting entities shall submit to the abovementioned Office a notice of the publication on their buyer profile, in accordance with the mentioned Annex. The notice shall contain the information set out in Annex XIV, part I, letter A.

2. For restricted procedures and competitive procedures with negotiation, sub-central contracting authorities referred to in Article 3, paragraph 1, letter c), may use a prior information notice as a call for competition pursuant to Article 59, paragraph 5, provided that the notice fulfils all of the following conditions:

a) it refers specifically to the supplies, works or services that will be the subject of the contract to be awarded;

b) it indicates that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further publication of a call for competition and invites interested economic operators to express their interest;

c) it contains, in addition to the information set out in Annex XIV, part I, letter B, section B1, the information set out in that same Annex, section B2;

d) it has been sent for publication no less than 35 days and no more of 12 months prior to the date on which the invitation to confirm interest referred to in Article 75, paragraph 2 is sent.

3. The notice referred to in paragraph 2 may be published on the buyer profile as an additional information at the national level in accordance with Article 73. The period covered by the prior information notice shall be a maximum of 12 months from the date the notice is transmitted for publication. However, in the case of public contracts for social and other specific services, the prior information notice referred to in point b) of Article 142, paragraph 1, may cover a period which is longer than 12 months and not exceeding 24 months.
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