8 Amendments of Linda McAVAN related to 2011/0438(COD)
Amendment 90 #
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working condiContracting authorities should be allowed to refer to life cycle characteristics in technical specifications and award criteria, provided that they are linked to the subject-matter of the public contract. Contracting authorities can use technical specifications or award criteria to set out functional or performance requirements aimed at minimising undesirable environmental or social impacts and/or maximising positive environmental or social impacts arising from the productions of r other persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of healthhases of the life-cycle of the procured supplies, services or works. Life cycle characteristics may incorporate the employment conditions of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender. as well as impacts of production processes on adjacent communities
Amendment 126 #
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting authorities to award the contract. In accordance with paragraph 1 above, technical specifications can be formulated in terms of performance or functional requirements relating to life cycle characteristics of the requested works, supplies or services, and not only to the performance of functional requirements of the works, supplies, or services in use;
Amendment 127 #
Proposal for a directive
Article 40 – paragraph 3 – point c
Article 40 – paragraph 3 – point c
(c) in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications and standards referred to in point (b) as a means of presuming conformity with such performance or functional requirements;
Amendment 129 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1 a (new)
Article 40 – paragraph 5 – subparagraph 1 a (new)
Technical specifications may for instance also include requirements relating to:
Amendment 130 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1 a (new) – point a (new)
Article 40 – paragraph 5 – subparagraph 1 a (new) – point a (new)
(a) performance, including levels of environmental, climate an social performance;
Amendment 131 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1 a (new) – point b (new)
Article 40 – paragraph 5 – subparagraph 1 a (new) – point b (new)
(b) social criteria such as the respect of decent working conditions, health and safety regulation, collective bargaining, gender balance (e.g. equal pay, work-life balance), social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to on-site vocational training, users involvement and consultation, affordability, human rights and ethical trade;
Amendment 132 #
Proposal for a directive
Article 40 – paragraph 5 – subparagraph 1 a (new) – point c (new)
Article 40 – paragraph 5 – subparagraph 1 a (new) – point c (new)
(c) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve.
Amendment 158 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically socially and environmentally advantageous tender;