Activities of Phil PRENDERGAST 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 (13)
Amendment 611 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Contracting authorities may impose on economic operators requirements aimed at protecting the confidential nature of information which the contracting authorities make available throughout the procurement procedure, should the disclosure of such information prejudice fair competition.
Amendment 627 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
1. Member States shall provide for rules to effectively prevent, identify and immediately remedy conflicts of interests arising in the conduct of procurement procedures that are subject to this Directive, including preliminary market consultations, the design and preparation of the procedure, the drawing- up of the procurement documents, the selection of candidates and tenderers and the award of the contract, so as to avoid any distortion of competition and ensure equal treatment of all tenderers.
Amendment 679 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to shall transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.
Amendment 984 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall stateVariants may be authorised in the procurement documents which define the minimum requirements to be met by the variants and any specific requirements for their presentation. These minimum requirements are mandatory to ensure that the variants will not affect the subject matter of the contract. The contracting authority may reject any variants on the ground that it would affect the subject matter of the contract. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 1002 #
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 reasons for their decision to divide or not divide the contract into lots, as regards the indissolubility in technical, legal or financial terms. For specific contracts, Member States may define and impose compulsory lots.
Amendment 1324 #
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tendererd to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. Contracting authorities may refuse subcontractors that don't bring added value or that represent a technical, legal or financial risk. Contracting authorities may indicate in the tender document the part which may not be subcontracted. Procurement documents will stipulate the reasons for this restriction.
Amendment 1473 #
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point d
Article 84 – paragraph 2 – subparagraph 2 – point d
(d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. These data shall be collated according to a common set of variables and methodology, so as to enable unified procurement databases and statistics at EU level, thus allowing for scientific comparisons between public procurement practices between different Union Member States.
Amendment 1486 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
(ga) assist procurement agencies and authorities to have in place internal whistleblowing procedures for staff to ensure that: - any staff member (including temporary and contract workers, interns and consultants) who makes a good-faith disclosure regarding any type of material wrongdoing is protected from any and all forms of retaliation, harassment or deleterious actions - the confidentiality of whistleblowers is maintained unless explicitly waived by them - adequate mechanisms are made available for disclosures to be made, such as helplines and online forms - a whistleblower who has been retaliated against has the right to a fair hearing before an impartial forum and shall be fully compensated; those who commit retaliation shall be duly sanctioned - disclosures are properly investigated and corrective action taken (if appropriate), and that whistleblowers have the option to participate in these procedures - managers must prove that any actions taken against a whistleblower were motivated by reasons other than the whistleblowing - inaccurate disclosures, if made in good faith, are protected; disclosures shown to be made in bad faith are not protected - management and staff should be adequately trained in whistleblower rights, policies and procedures - whistleblower policies should be monitored and evaluated at regular intervals by independent bodies - external whistleblowing to elected officials, NGOs, the media and other appropriate parties is protected if internal channels do not function or do not exist
Amendment 1497 #
Proposal for a directive
Article 84 – paragraph 6 – point a
Article 84 – paragraph 6 – point a
(a) 1 00250 000 EUR in the case of public supply contracts or public service contracts;
Amendment 1499 #
Proposal for a directive
Article 84 – paragraph 6 – point b
Article 84 – paragraph 6 – point b
(b) 10 000 000 EUR in the case of public works contracts.
Amendment 1503 #
Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1
Article 84 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, giv collect and publicly provide unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6all documentation pertaining to any tendering processes. Specific procedural documents such as contracts, contract amendments and audits pertaining to all concluded contracts shall also be made public. Access to certain parts of the contractssuch information may be refusewithheld where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.
Amendment 1548 #
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions. Member States may also use external consultancy services to complement their programme and project management skills and competences.
Amendment 1581 #
Proposal for a directive
Annex 14 – part 2 – paragraph 1 – point a – point ii
Annex 14 – part 2 – paragraph 1 – point a – point ii
(ii) a list of the principal deliveries effected or the main services provided over at the most the past threfive years, with the sums, dates and recipients, whether public or private, involved. Where necessary in order to ensure an adequate level of competition, contracting authorities may indicate that evidence of relevant supplies or services delivered or performed more than threfive years before will be taken into account;