EU public procurement tender evaluation, TAIEX project
Tender evaluation Award criteria and selection. Evaluation techniques. September 30, 2009. Pleven, Bulgaria ANDRIUS ŠIAUDINIS, M. A. JUR. PPP ASSOCIATION - LITHUANIAPublic Private Partnership Association - Lithuania
Principles Principles stated in the EC Treaty: freedom of movement of goods; freedom of establishment; freedom to provide services. Principles deriving there from: The principle of equal treatment; the principle of non-discrimination; the principle of mutual recognition; the principle of proportionality; and the principle of transparency.
Selection criteria (general points) No double use of criteria Shall be indicated in the contract notice DIR 2004/18/EC: Art 45 KO criteria exclusion of the candidate Tenderer-related criteria Non discriminatory use of criteria
Selection criteria (exclusion) CA has to exclude the following tenderers; if they have been subject of a conviction by final judgement of: participation in a criminal organisation corruption fraud money laundering CA may exclude tenderers in case of o bankruptcy, compulsory winding up o grave professional misconduct o non payment of social security contributions o non payment of taxes o abnormally low tenders (State aid, only if not granted legally!!!)
Selection criteria (tenderer related) Suitability to pursue the activity (Art 46 2004/18/EC) Economic and financial standing (Art 47) Technical and / or professional ability (Art 48) Evidence of the economic operators technical capability may be furnished by one or more of the following means according to the nature, quantity or importance, and use of the works, supplies or services: (i) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. (ii) a list of the principal deliveries effected or the main services provided in the past three years, with the sums, dates and recipients, whether public or private, involved. Quality assurance standards (Art 49) Environmental management standards (Art 50)
Proofs for the qualitative selection statements from banks, professional risk indemnity insurance presentation of balance-sheets statement of the companys overall turnover and/or turnover in the area covered by the contract for a maximum of the last 3 financial years proof that the company has capacities of other entities at its disposal list + certificates of the works/deliveries carried out over the past 5 years description of technical facilities + measures used for quality control (study and research facilities) proof of educational + professional qualifications of the service providers involved (especially those responsible for quality control!) indication of environmental management measures indication of production capacities statement of the average annual manpower and managerial staff for the last 3 years indication as to the proportion of the contract subcontractors
Proofs for the qualitative selectionNB: Art 46 2004/18/EC : An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect.
Right or Wrong?Design and construction of a bio-climatic buildingTechnical capacity = Request a list of previous buildings which havebeen constructed adhering to bio-climatic principlesConstruction of a bridge in a protected areaTechnical capacity = The possession of an EMAS for constructionsites
Contract award criteriaDIR 2004/18/EC: Art 53 Economically most advantageous offer many criteria: weighted Lowest price One criteria
Contract award criteriaWhen the contract shall be awarded to: The economically most advantageous offer; various criteria linked to the subject-matter of the procurement: quality price, running costs, technical merit, period of completion aesthetic + functional characteristics environmental/social characteristics after-sales service + technical assistance The lowest price: only lowest price
Contract award criteriaEconomically most advantageous criteria: linked to subject matter of the contract specific and objectively quantifiable advertised previously respect fundamental EC principles (e.g., cannot specify that goods must be sourced locally) NB: Reminder : don’t mix selection and award criteria Lianakis v Alexandropoulis (ECJ, Jan 2008)
Right or Wrong?Computer leasing for the economic offer: up to 80 points for energy demand even lower than that defined in the technical specifications: up to 20 points.Street cleaning service for the economic offer: up to 80 points for environmental aspects: up to 10 points for the possession of an EMAS: 10 points