Activities of Raffaele BALDASSARRE related to 2011/0438(COD)
Plenary speeches (1)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Amendments (36)
Amendment 82 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criterion on which contracting authorities shall base the award of public contracts shall be onethat of the following:most economically advantageous tender.
Amendment 83 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 84 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 85 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 86 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The contracting authority shall assess the most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identifiedaragraph 1, on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, iIn addition to the price orand costs referred to in point (b) of paragraph 1, other criteria linked to the subject- matter of the public contract in question, such as, assessed solely on the basis of a cost-effectiveness approach, as in the determination of the life-cycle costs in compliance with the stipulations of Article 67, the following examples shall feature among the criteria:
Amendment 91 #
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 92 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility ofensure 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.
Amendment 93 #
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
Amendment 94 #
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 2
Article 66 – paragraph 5 – subparagraph 2
Amendment 95 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
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 inin accordance with the award criteriaon referred to in Article 66(1).
Amendment 96 #
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:the price or costs charged are more than 25 % lower than the average price or average costs of the remaining tenders.
Amendment 97 #
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
Amendment 98 #
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 99 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 101 #
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities mayshall also request such explanations.
Amendment 102 #
Proposal for a directive
Article 69 – paragraph 3 – introductory part
Article 69 – paragraph 3 – introductory part
3. The explanations referred to in paragraphs 1 and 2 mayrelate in particular relate to:
Amendment 103 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, 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 or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 109 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 468 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 9100 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 790 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs (2)2 to (5)5 where the value of the contract is not more than EUR 500 000 in the case of public works contracts and not more than EUR 100 000 in the case of public service contracts.
Amendment 817 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 1
Article 30 – paragraph 5 – subparagraph 1
The negotiated procedure without prior publication may be foreseenllowed for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with Article 24(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded.
Amendment 818 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities when they apply Article 4.
Amendment 819 #
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
This procedure may be used only during the threewo years following the conclusion of the original contract.
Amendment 860 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
(a) This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 862 #
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementpublic service and supply contracts. This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 865 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities may purchase works, supplies and/or services from or through a central purchasing body. Member States shall encourage the use of centralised procurement auctioning procedures, especially where procurers are of a small size.
Amendment 973 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits. The means of proof must be supported by non-discriminatory verifiable scientific information.
Amendment 999 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
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 reasonsthe reasons for its decision to split the contract into lots or otherwise.
Amendment 1045 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled: it has committed conclusively proven serious or repeated infringements of the rules governing social security contributions under the legal provisions of the country in which it is established or under those of the Member State of the contracting authority; it has committed conclusively proven serious or repeated infringements regarding obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.
Amendment 1204 #
Proposal for a directive
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. The award of contracts for intellectual services shall normally be based on the criterion in point (a) of paragraph 1. The lowest cost criterion may only be used in duly justified cases of uncomplicated, repetitive services that do not call for a multidisciplinary set of skills.
Amendment 1256 #
Proposal for a directive
Article 69 – paragraph 1 – point a
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
Amendment 1260 #
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 1294 #
Proposal for a directive
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. Contracting authorities shall automatically exclude any tender offering discounts higher than 40 % of the average price overall of all the tenders submitted.
Amendment 1335 #
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
2. Member States mayshall provide in their own regulations that at the request of the subcontractor and where the nature of the contract so allows, it shall be possible for the contracting authority shallto 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.
Amendment 1345 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member States shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 1368 #
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not 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.