10 Amendments of Stephen HUGHES related to 2011/0438(COD)
Amendment 319 #
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 250 % lower than the average price or costs of the remaining tenders, or 15 % for services and labour intensive work contracts
Amendment 321 #
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 210 % lower than the price or costs of the second lowest tender
Amendment 322 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 323 #
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low (a) due to the use of subcontractors or (b) for other reasons, contracting authorities mayshall also request such explanations , in particular in cases where the price or costs charged are lower than the price or costs paid to the current operator or where the price or costs charged are lower than the prices resulting from other current and comparable procurement procedures.
Amendment 325 #
Proposal for a directive
Article 69 – paragraph 3 – introductory part
Article 69 – paragraph 3 – introductory part
The explanations referred to in paragraphs 1 and 2 mayshall in particular relate to:
Amendment 326 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in with provisions relating to social and equivalent manner, with obligations established by Union legislationmployment protection, working conditions applying in the place where the work, service or supply ins 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 protectiono be performed as set out by national legislation and/or collective agreements or by international labour law provisions listed in Annex XI;
Amendment 329 #
Proposal for a directive
Article 69 – paragraph 3 – point (e)
Article 69 – paragraph 3 – point (e)
Amendment 330 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
Article 69 – paragraph 4 – subparagraph 1
Amendment 332 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
Article 69 – paragraph 4 – subparagraph 1
The contracting authority shall verify the information provided by consulting the tenderer. It may onlyshall reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.
Amendment 334 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIprovisions set out in paragraph 3 (d).