BETA

82 Amendments of Sabine VERHEYEN related to 2011/0438(COD)

Amendment 198 #
Proposal for a directive
Recital 10
(10) The results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation16 demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. As a result, the full application of this directive is extended to a number of services (such as hotel and legal services, which both showed a particularly high percentage of cross- border trade).deleted
2012/07/12
Committee: IMCO
Amendment 205 #
Proposal for a directive
Recital 11
(11) Other categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 51 000 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. In particular, such procedures should be recognised as an alternative to public procurement law which complies with primary law where they are based on the principle that all service providers able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee17. Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
2012/07/12
Committee: IMCO
Amendment 218 #
Proposal for a directive
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
2012/07/12
Committee: IMCO
Amendment 239 #
Proposal for a directive
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of twofour years.
2012/07/12
Committee: IMCO
Amendment 262 #
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 acchoose ‘the most economically advantageous tender’. In duly substantiated exceptional cases, in particular involving highly standardised products, count that in the latter caseracting authorities should be able to apply the lowest price or the lowest cost as the sole criterion, taking into account that they are free to set adequate quality standards by using technical specifications or contract performance conditions.
2012/07/12
Committee: IMCO
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or no, provided that the works, suppliesy or services are intended for a public purpose directly benefits the contracting authority economically.
2012/07/12
Committee: IMCO
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted
2012/07/12
Committee: IMCO
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
2012/07/12
Committee: IMCO
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
2012/07/12
Committee: IMCO
Amendment 427 #
Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
(ca) the following legal services: (i) legal representation of a client in legal proceedings before the courts or administrative bodies by a lawyer as referred to in Article 1 of Directive 77/249/EEC; (ii) certification and authentication of documents by notaries; (iii) legal services provided by proxies or officially appointed guardians or other legal services for which Member States provide before their courts; (iv) other legal services associated with the performance of public administration duties in the Member States, even if only occasionally.
2012/07/12
Committee: IMCO
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
2012/07/12
Committee: IMCO
Amendment 446 #
Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
2012/07/12
Committee: IMCO
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Only Articles 40, 41 and 48 of this Directive shall apply to public services contracts relating to the following: (a) supporting and auxiliary transport services; (b) legal advice; (c) building-cleaning services; (d) land transport, including cash transport and courier services; (e) investigation and security services.
2012/07/12
Committee: IMCO
Amendment 460 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
2012/07/12
Committee: IMCO
Amendment 477 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is nonly passive private participation, in.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 486 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted
2012/07/12
Committee: IMCO
Amendment 496 #
Proposal for a directive
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or controlling entities, or to another legal person controlled by the same contracting authority, provided that there is nonly passive private participation in the legal person being awarded the public contract, i.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 503 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
2012/07/12
Committee: IMCO
Amendment 504 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities exercise jointly over the legal person a control which is similar to that which they exercise over theirpurpose of the legal person is the provision of a public-service task conferred own departmentall the public authorities;
2012/07/12
Committee: IMCO
Amendment 508 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
2012/07/12
Committee: IMCO
Amendment 521 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is nonly passive private participation, in.e. participation that does not allow any influence on the operational business of the controlled legal person.
2012/07/12
Committee: IMCO
Amendment 526 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted
2012/07/12
Committee: IMCO
Amendment 541 #
Proposal for a directive
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carpurpose of the partnership is the provision of a public service task in the public interest conferred on public authorities, or the carrying-out of ancillary purchasing activities within the meaning of Article 2(17), which is necessary ing out jointlyrder to perform their public service tasks and inv in the public interest. A poolving mutual rights and obligations of the parties; of tasks shall also be considered to exist where a municipality is merely obliged to make payment, provided that cooperation enables the municipality to carry out its own obligations more economically or more effectively;
2012/07/12
Committee: IMCO
Amendment 550 #
Proposal for a directive
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interesttask is carried out solely by the public authorities concerned without the involvement of active private capital;
2012/07/12
Committee: IMCO
Amendment 556 #
Proposal for a directive
Article 11 – paragraph 4 – point c
(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;deleted
2012/07/12
Committee: IMCO
Amendment 563 #
Proposal for a directive
Article 11 – paragraph 4 – point d
(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted
2012/07/12
Committee: IMCO
Amendment 568 #
Proposal for a directive
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involvdeleted.
2012/07/12
Committee: IMCO
Amendment 573 #
Proposal for a directive
Article 11 – paragraph 5
5. The absence of private participation referred to in paragraphs 1 to 4 shall be verified at the time of the award of the contract or of the conclusion of the agreement. The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures.deleted
2012/07/12
Committee: IMCO
Amendment 607 #
Proposal for a directive
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 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.
2012/07/12
Committee: IMCO
Amendment 621 #
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
2012/07/12
Committee: IMCO
Amendment 657 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
2012/07/12
Committee: IMCO
Amendment 670 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point e a (new)
(ea) where the specific procurement requirements of the contracting authority cannot be met without exclusive recourse to standardised solutions.
2012/07/12
Committee: IMCO
Amendment 675 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 686 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4021 days from the date on which the contract notice was sent. That period may be extended to 40 days in particular exceptional cases.
2012/07/12
Committee: IMCO
Amendment 691 #
Proposal for a directive
Article 25 – paragraph 2
2. 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 1 of this Article, may be shortened to 20 days, provided that both of the following conditions are fulfilled: (a) the prior information notice has included all the information required for the contract notice in section I of part B of Annex VI, insofar as that information is available at the time the prior information notice is published; (b) it was sent for publication between 45 days and 12 months before the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 694 #
Proposal for a directive
Article 25 – paragraph 3
3. Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limit laid down in the second subparagraph of paragraph 1, they may fix a time limit which shall be not less than 20 days from the date on which the contract notice was sent.deleted
2012/07/12
Committee: IMCO
Amendment 696 #
Proposal for a directive
Article 25 – paragraph 4
4. The contracting authority may reduce by five days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with Article 19(3), (4) and (5).deleted
2012/07/12
Committee: IMCO
Amendment 699 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3021 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.
2012/07/12
Committee: IMCO
Amendment 704 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3521 days from the date on which the invitation to tender is sent.
2012/07/12
Committee: IMCO
Amendment 720 #
Proposal for a directive
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 the minimum requirements.
2012/07/12
Committee: IMCO
Amendment 724 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The minimumA sufficient time limit for receipt of requests to participate shall be 30 daysset 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; the minimum time limit for the receipt of tenders shall be 30 dayscalculated from the date on which the invitation is sent and shall be sufficiently long. Article 26 (3) to (6) shall apply.
2012/07/12
Committee: IMCO
Amendment 739 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b
(b) the part of the technical specifications which define the minimum requirements;deleted
2012/07/12
Committee: IMCO
Amendment 743 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the main award criteria.
2012/07/12
Committee: IMCO
Amendment 760 #
Proposal for a directive
Article 28 – paragraph 2
2. Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs and requirements in the notice and/or in a descriptive document. At the same time and in the same documents, they shall also set out and define the main chosen award criteria.
2012/07/12
Committee: IMCO
Amendment 793 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so requestaltered.
2012/07/12
Committee: IMCO
Amendment 803 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
i) the absence of competition for technical or legal reasons;
2012/07/12
Committee: IMCO
Amendment 806 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – paragraph 1
This exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;
2012/07/12
Committee: IMCO
Amendment 820 #
Proposal for a directive
Article 30 – paragraph 5 a (new)
5a. Contracting authorities may combine elements of the open procedure with the negotiated procedure.
2012/07/12
Committee: IMCO
Amendment 858 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
CFor fully standardised supplies and services, contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/07/12
Committee: IMCO
Amendment 888 #
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
2012/07/12
Committee: IMCO
Amendment 997 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonTo foster maximum competition, the contracting authority may award a contract in individual lots. Where, on a case-by-case basis, there are objective grounds for doing so, the contracting authority may opt not to split a contract into lots.
2012/07/12
Committee: IMCO
Amendment 1005 #
Proposal for a directive
Article 44 – paragraph 2
2. Contracting authorities may, even where the possibility to tender for all lots has been indicated, limit the number of lots that may be awarded to a tenderer, provided that the maximum number is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall determine and indicate in the procurement documents the objective and non-discriminatory criteria or rules for awarding the different lots where the application of the chosen award criteria would result in the award to one tenderer of more lots than the maximum number.deleted
2012/07/12
Committee: IMCO
Amendment 1007 #
Proposal for a directive
Article 44 – paragraph 3
3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted
2012/07/12
Committee: IMCO
Amendment 1015 #
Proposal for a directive
Article 44 – paragraph 4
4. Contracting authorities may require that all contractors coordinate their activities under the direction of the economic operator to which has been awarded a lot involving the coordination of the entire project or its relevant parts.deleted
2012/07/12
Committee: IMCO
Amendment 1024 #
Proposal for a directive
Article 51 – paragraph 1
1. Contracting authorities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 49 or the date on which the invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which this documentation is accessible. Contracting authorities may make access subject to prior submission by an applicant of his name, address, other details or appropriate documents enabling the applicant’s identity to be clearly established.
2012/07/12
Committee: IMCO
Amendment 1034 #
Proposal for a directive
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national 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.
2012/07/12
Committee: IMCO
Amendment 1052 #
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 and national 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.
2012/07/12
Committee: IMCO
Amendment 1101 #
Proposal for a directive
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
2012/07/12
Committee: IMCO
Amendment 1124 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. 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:to the most economically advantageous tender.
2012/07/12
Committee: IMCO
Amendment 1129 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically advantageous tender;deleted
2012/07/12
Committee: IMCO
Amendment 1137 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest cost.deleted
2012/07/12
Committee: IMCO
Amendment 1146 #
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
2012/07/12
Committee: IMCO
Amendment 1154 #
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, other price or costs and other qualitative, environmental and social criteria linked to the subject-matter of the public contract in question, such as:
2012/07/12
Committee: IMCO
Amendment 1179 #
Proposal for a directive
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;deleted
2012/07/12
Committee: IMCO
Amendment 1200 #
Proposal for a directive
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility of effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.deleted
2012/07/12
Committee: IMCO
Amendment 1233 #
Proposal for a directive
Article 67 – paragraph 3
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1). A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.deleted
2012/07/12
Committee: IMCO
Amendment 1251 #
Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders
2012/07/12
Committee: IMCO
Amendment 1267 #
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
2012/07/12
Committee: IMCO
Amendment 1306 #
Proposal for a directive
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
2012/07/12
Committee: IMCO
Amendment 1318 #
Proposal for a directive
Article 71
Article 71 Subcontracting 1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents. 3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.deleted
2012/07/12
Committee: IMCO
Amendment 1359 #
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2 a (new)
Neither shall the first subparagraph apply in the event of a change of contracting authority before the end of the contract.
2012/07/12
Committee: IMCO
Amendment 1361 #
Proposal for a directive
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not in every case be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
2012/07/12
Committee: IMCO
Amendment 1401 #
Proposal for a directive
Article 75 – paragraph 1
1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.deleted
2012/07/12
Committee: IMCO
Amendment 1410 #
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms.
2012/07/12
Committee: IMCO
Amendment 1415 #
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.deleted
2012/07/12
Committee: IMCO
Amendment 1421 #
Proposal for a directive
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
2012/07/12
Committee: IMCO
Amendment 1425 #
Proposal for a directive
Article 76
Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted
2012/07/12
Committee: IMCO
Amendment 1468 #
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a singlen independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation.
2012/07/12
Committee: IMCO
Amendment 1524 #
Proposal for a directive
Article 86
[...]deleted
2012/07/12
Committee: IMCO
Amendment 1526 #
Proposal for a directive
Article 86
[...]deleted
2012/07/12
Committee: IMCO
Amendment 1573 #
Proposal for a directive
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
2012/07/12
Committee: IMCO
Amendment 1591 #
Proposal for a directive
Annex 16 - column 2
Health, veterinary and social services Administrative educational, healthcare and cultural services Compulsory social security services Benefit services Other community, social and personal services Services furnished by trade unions Religious services Hotel and restaurant services Rail transport services Shipping Supporting and auxiliary transport services Personnel placement and supply services, apart from employment contracts Investigation and security services, except armoured car services Education and vocational education services Recreation, culture and sport, except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time Other services apart from employment contracts and contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time
2012/07/12
Committee: IMCO