44 Amendments of Marian HARKIN related to 2011/0438(COD)
Amendment 128 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services, including dispute adjudication services;
Amendment 135 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activitiesthe activities in their entirety of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 137 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
Amendment 142 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 143 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 147 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Amendment 151 #
Proposal for a directive
Article 11 – paragraph 3 - subparagraph 1 – point a
Article 11 – paragraph 3 - subparagraph 1 – point a
Amendment 153 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 156 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
Amendment 161 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Amendment 164 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
Amendment 168 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point b
Article 11 – paragraph 3 – subparagraph 2 – point b
Amendment 171 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 175 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 206 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualification levels of the staff to be responsible for the performance of the contract in question.
Amendment 215 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall behave with utmost good faith and shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 224 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4052 days from the date on which the contract notice was sent.
Amendment 229 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 307 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 230 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
Only those economic operators inviselected by the contracting authority following their assessment of the requested information may submit a tender. Contracting authorities may limit the number of suitable candidates to be inviselected to participate in the procedure in accordance with Article 64.
Amendment 232 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3540 days from the date on which the invitation to tender is sent.
Amendment 233 #
Proposal for a directive
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this Article may be shortened to 15, as a general rule, be shortened to 36 days, but under no circumstances to less than 22 days, provided that all of the following conditions are fulfilled:
Amendment 234 #
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) it was sent for publication between 452 days and 12 months before the date on which the contract notice was sent.
Amendment 423 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services, including dispute adjudication services;
Amendment 470 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities in their entirety of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 475 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
Amendment 488 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 492 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 500 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 600 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualification levels of the staff to be responsible for the performance of the contract in question.
Amendment 609 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall behave with utmost good faith and shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 666 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point c
Article 24 – paragraph 1 – subparagraph 4 – point c
(c) with regard to knowledge-based services or supplies, where the technical specifications cannot be established with sufficient precision with reference to any of the standards, European technical approvals, Common technical specifications or technical references within the meaning of points 2 to 5 of Annex VIII;
Amendment 689 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4052 days from the date on which the contract notice was sent.
Amendment 701 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 307 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 703 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
2. Only those economic operators inviselected by the contracting authority following their assessment of the requested information may submit a tender. Contracting authorities may limit the number of suitable candidates to be inviselected to participate in the procedure in accordance with Article 64.
Amendment 707 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3540 days from the date on which the invitation to tender is sent.
Amendment 709 #
Proposal for a directive
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. Where contracting authorities have published a prior information notice which is not used as a means of calling for competition, the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this Article may be shortened to 15, as a general rule, be shortened to 36 days, but under no circumstances to less than 22 days, provided that all of the following conditions are fulfilled:
Amendment 710 #
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) it was sent for publication between 452 days and 12 months before the date on which the contract notice was sent.
Amendment 721 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the award criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirements.
Amendment 730 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. Contracting authorities shall negotiate with tenderers the tenders submitted by them to improve the content of the offers in order to better correspond to the award criteria andhe tenderers the content of the tender, subject to the minimum requirements referred to in the second subparagraph of paragraph 1.
Amendment 765 #
Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3
Article 28 – paragraph 3 – subparagraph 3
Contracting authorities shall behave with utmost good faith and shall not reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without its agreement. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific solutions or other specific confidential information.
Amendment 773 #
Proposal for a directive
Article 28 – paragraph 8
Article 28 – paragraph 8
8. The contracting authorities mayshall specify prizes or payments to the participants in the dialogue.
Amendment 780 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up to the manufacturing of the supply or the provision of the services. It shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rights.
Amendment 782 #
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
Amendment 1580 #
Proposal for a directive
Annex 14 – part 2 – paragraph 1 – point a – point ii
Annex 14 – part 2 – paragraph 1 – point a – point ii
(ii) a list of the principal deliveries effected or the main services provided over at the most the past three years, with the sums, dates and recipients, whether public or private, involved. Where necessary in order to ensure an adequate level of competition, contracting authorities may indicate that evidence of relevant supplies or services delivered or performed more than threfive years before will be taken into account;