5 Amendments of Giuseppe GARGANI related to 2011/0439(COD)
Amendment 19 #
Proposal for a directive
Recital 26
Recital 26
(26) In view of the detrimental effects on competition, negotiated procedures without a call for competition should only be used in very exceptional circumstances and below the thresholds stated in Article 12, with sufficient justification. This exception should be limited to cases where publication is either not possible, for reasons of force majeure in line with the standing case-law of the Court of Justice of the European Union, or where it is clear from the outset that publication would not trigger more competition, not least because there is objectively only one economic operator that can perform the contract. Only situations of objective exclusivity can justify the use of the negotiated procedure without a call for competition, where the situation of exclusivity has not been created by the contracting entity itself with a view to the future procurement procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly.
Amendment 42 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
Contracting entities shall indicate, in the contract notice, in the invitation to confirm interest, or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate, whether tenders are limited to one or more lots only and if they are not subdivided into lots, providing a specific explanation for this.
Amendment 47 #
Proposal for a directive
Article 73 – paragraph 1 bis (new)
Article 73 – paragraph 1 bis (new)
1a. The fulfilment of pooling requirements may not be used at the same time by the assisting and benefiting entities.
Amendment 54 #
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Costs may bare assessed, at the choice of the contracting entity, 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 77.
Amendment 71 #
Proposal for a directive
Article 79 – paragraph 1 – subparagraph -1 (new)
Article 79 – paragraph 1 – subparagraph -1 (new)
-1.The contracting entity specifies in the invitation to tender that the maximum accepted discount cannot exceed 25 % of the lowest tender price.