In the framework of humanitarian procurement no restrictions should be placed on the procurement process limiting the pool of potential Tenderers and Candidates on the basis of their nationality or the country of origin of the supplies. The principles of equal treatment and non-discrimination also apply in the relations of the Contracting Authority with its donors. In co-financed or Multi-donor Actions, the Partner shall ensure equal treatment to all financial contributions.
Any eligibility rules requiring a certain Nationality or Origin of Tenderers, Candidates or supplies are automatically inapplicable to humanitarian aid actions funded by DG ECHO and no special derogation clause is required, according to the principles of Equal treatment. Contracting Authorities shall apply endeavour to use local human and material resources whenever it is possible and pertinent.
Moreover Partners should abstain from mixing Tied Aid contributions with untied aid contributions in the same Action. Likewise, the compatibility of using input earmarked contributions with non-earmarked contributions in the same Action should be decided on a case by case basis. The analysis of compatibility between input earmarked contributions and the principle of equal treatment of donors should be included in the procurement file. Another concern in ensuring equal treatment of donors is related to visibility and, when relevant, communication and information as foreseen in e.g. Article 4 of the General Conditions of the FPA and Article 11 of the FAFA.