[ParlTrack]

Proposal for a directive
Recital 34

(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non- payment of taxes or social security contributions, as well as violations of environmental or social obligations, including rules on accessibility for disabled persons, should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for ~~violations of environmental or social obligations, including rules on accessibility for disabled persons or other~~ forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Recital 37

(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt ~~as award criteria either~~ ‘the most economically advantageous tender’ ~~or ‘the lowest cost’, taking into account that in the latter c~~ase they a~~re free to set adequate quality standards by using technical specifications or contract performance condit~~ward criterions.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Recital 38

(38) Wheren a contract~~ing authorities choose to award a contract~~ is to be awarded to the most economically advantageous tender, ~~they~~contracting authorities must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.

2012/08/29
Committee: INTA

Gianluca SUSTA, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 48 a (new)

(48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 54 – paragraph 2

2. Contracting authorities ~~may decide~~shall not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 55 – paragraph 2 a (new)

(2a) Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international law also includes compliance in an equivalent manner.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.Deleted

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part

Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public contracts shall be ~~one of the following:~~the most economically advantageous tender.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~Deleted

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~Deleted

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2

Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.Deleted

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 2 – introductory part

2. The most economically advantageous tender ~~referred to in point (a) of paragraph 1~~ from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject- matter of the public contract in question. Those criteria shall include, in addition to the price or costs ~~referred to in point (b) of paragraph 1~~, which the contracting authority shall assess, as it prefers, either on the basis of the price alone or by using a cost-effectiveness approach, such as a life-cycle costing approach under the conditions set out in Article 67, other criteria linked to the subject-matter of the public contract in question, such as:

2012/08/29
Committee: INTA

Gianluca SUSTA, Sergio Gaetano COFFERATI

Proposal for a directive
Article 66 – paragraph 2 – point - a a (new)

(- aa) decent working conditions, health and safety in the workplace and respect for collective bargaining;

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 3

~~3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.~~Deleted

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1

~~In the case referred to in point (a) of paragraph 1 t~~The contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender.

2012/08/29
Committee: INTA

Gianluca SUSTA

Proposal for a directive
Article 69 a (new)

Article 69a Tenders comprising products and services originating in third countries 1. This Article shall apply to tenders covering products and services originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Community undertakings to the markets of those third countries. This Article shall also apply to tenders covering products and services originating in third countries that fall within the scope of a market reservation by the EU in an international agreement (i.e. Free Trade Agreements and Government Procurement Agreement). It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Contracting authorities may require tenderers to provide information on the origin of the goods and services contained in the tender, and their value. Any tender submitted for the award of a supply contract where the value of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and/or the value of services as determined by the origin of the natural or legal person providing the service, exceeds 50 % of the total value of the products or services constituting the tender may be rejected under the following conditions. 3. Upon request of contracting authorities, the Commission shall assess whether to approve, for contracts of an estimated value equal or above EUR 5 000 000 exclusive of value-added tax (VAT) the exclusion from procedures for the award of contract tenders comprising goods or services originating outside the Union, if the value of goods or services originating in a country with which the Union has not concluded an international agreement in the field of public procurement including market access commitments or goods or services originating in a country with which the Union has concluded such an agreement, but in respect of which the agreement does not apply, exceeds 50 % of the total value of the goods or services constituting the tender. 4. For contracts referred to in paragraph 3, the Commission shall adopt an implementing act concerning the approval of the intended exclusion. Those implementing acts shall be adopted according to the examination procedure. 5. When adopting implementing acts pursuant to paragraph 4, the Commission shall approve the intended exclusion in the following cases: (a) if the international agreement concerning market access in the field of public procurement between the Union and the country where the goods and/or services originate contains, for the goods and/or services for which the exclusion is proposed, explicit market access reservations taken by the Union; (b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. For the purposes of point (b), a lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services. When adopting implementing acts pursuant to paragraph 4, the Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements. 6. When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following: (a) to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators; (b) to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators. 7. Contracts concluded with an economic operator in violation of Commission implementing acts adopted pursuant to paragraph 4 upon intended exclusion notified by contracting authorities shall be declared ineffective within the meaning of Directive 2007/66/EC.

2012/08/29
Committee: INTA

16 Amendments of Gianluca SUSTA related to 2011/0438(COD)

ParlTrack - 2011-2024