7 Amendments of Ramona Nicole MĂNESCU related to 2011/0437(COD)
Amendment 17 #
Proposal for a directive
Recital 28
Recital 28
(28) The technical specifications drawn up by contracting authorities and contracting entities need to allow concession award to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted and applied in conformity with the principles of transparency and non-discrimination and in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements should be considered by contracting authorities or contracting entities. To demonstrate equivalence, tenderers can be required to provide third- party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits.
Amendment 43 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States may reserve the right to participate in concession award procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such concessions to be performed in the context of sheltered employment programmes provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled or disadvantaged workers.for:
Amendment 44 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(a) sheltered workshops, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the employees concerned are disabled persons who, by reason of the nature or the seriousness of their disabilities, cannot carry on occupations under normal conditions or easily find employment on the ordinary market;
Amendment 45 #
Proposal for a directive
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
(b) the enterprises and programmes whose main aim is social and professional integration of disadvantaged workers, provided that more than 30% of the employees of those economic operators or programmes are disabled or disadvantaged workers.
Amendment 46 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. However, legal persons may be required to indicate in the tender or the application, the names and relevant professional qualifications of the staff to be responsible for the performance of the concession in question.
Amendment 47 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Groups of economic operators may submit tenders or put themselves forward as candidates. Groups of economic operators, particularly small and medium- sized enterprises (SMEs), may take the form of a consortium of enterprises.
Amendment 73 #
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the concession award documents the methodology used for the calculation of the life-cycle costs. The methodology used must be simplified in order to be accessible for SMEs and it must fulfil all of the following conditions: