BETA

57 Amendments of Marc TARABELLA related to 2011/0439(COD)

Proposal for a directive
Recital 14 a (new)

(14a) The objectives of improving the access of EU economic operators to the public procurement markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country works, supplies and services not covered by the international commitments of the Union be harmonised throughout the European Union.

2012/09/03
Committee: IMCO

Proposal for a directive
Recital 14 b (new)

(14b) Contracting entities should exclude from procedures for the award of contracts any works, supplies and services that are not covered by the international commitments of the Union. In the interests of transparency, contracting entities that intend to exercise this competence, in accordance with this Directive, to exclude from procedures for the award of contracts any tenders that include products, works, supplies and services originating from outside the EU and in respect of which the value of the products, works, supplies and services not covered exceeds 50 % of the total value of these products, works, supplies and services, should inform the economic operators of this intention.

2012/09/03
Committee: IMCO

Proposal for a directive
Recital 25

(25) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Contracting entities should make the best strategic use of public procurement to spur innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. This directive should contribute to facilitating procurement of innovation and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for which allows contracting entities to ~~establish a long-term innovation partnership for the~~ develop~~ment~~ and ~~subsequ~~thent purchase of a new, innovative product, service or works provided it can be delivered to agreed performance levels and costs. ~~The partnership should be structured in such a way that it can provide the necessary 'market-pull' incentivising the development of an innovative solution without foreclosing the market.~~

2012/09/03
Committee: IMCO

Proposal for a directive
Recital 43

(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting entities require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as an award criteri~~a either~~on 'the most economically advantageous tender' ~~or 'the lowest cost'~~, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.

2012/09/03
Committee: IMCO

Sergio Gaetano COFFERATI, Marc TARABELLA

Proposal for a directive
Recital 50 a (new)

(50a) In order to ensure the correct functioning of public procurement, subcontracting must be appropriately regulated. The contracting entity must be informed, in the tender document, of the parts of a contract that the tenderer intends to subcontract, as well as of the proposed subcontractors. Any change in the subcontracting chain that may occur during performance of the contract should ensure that the contract is undertaken to the same standard as defined in the submitted tender and should be agreed by the contracting entity. Where allowed by the nature of the contract, the contracting entity should pay the subcontractors directly. Finally, a system of ‘joint and several liability’ should be established in the subcontracting chain and the chain should be limited to a maximum of three consecutive vertical subcontracts.

2012/09/03
Committee: IMCO

Sergio Gaetano COFFERATI, Marc TARABELLA

Proposal for a directive
Recital 56 a (new)

(56a) Contracting entities should respect the delay of payment as established in Directive 2011/7/EU.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 2 – point 12

(12) 'economic operator' means any natural or legal person, ~~or a contracting entity~~private or public, or a group of such persons ~~and/or entities~~ which offers the execution of works and/or a work, the supply of products or the provision of services on the market;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 2 – point 23 a (new)

(23a) 'products, works, supplies and services not covered' means products, works, supplies and services from a country with which the Union has not concluded an international agreement in the field of public procurement, and which includes a commitment concerning market access, or products, works, supplies and services from a country with which the EU has concluded an international agreement of this kind, but to which that agreement does not apply;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point b

(b) arbitration and conciliation services and the services of lawyers in the form of legal representation;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 19 – paragraph 1 – point d

(d) employment contracts and mandatory social protection arrangements;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph -1 (new)

-1. The establishment of a wholly public structure to manage services of general economic interest or social services shall be a public authority prerogative falling within the exclusive sphere of competence of Member States.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b

~~(b) at least 90 % 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;~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b

~~(b) at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point c

~~(c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it;~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 21 – 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

2012/09/03
Committee: IMCO

Proposal for a directive
Article 29 – paragraph 2

~~The design of the procurement shall not be made with the objective of excluding it from the scope of this Directive or of artificially narrowing competition.~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2

The notion of conflict of interests shall ~~at least~~ cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3

~~For the purposes of this Article, 'private int~~'Private interests' shall be underests'ood to means any ~~family, emotional life, economic, political or other shared interests with the candidates or the tenderers, including conflicting professional interes~~property or financial shared interests with the candidates or the tenderers or advantages stemming from direct financial payments linked to employment, an employment contract or investments as well as involvement in activities supported under the contracts.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 36 – paragraph 2 – point b

(b) the chairperson of the contracting authority and members of decision- making bodies of the contracting authority who, without necessarily being involved in the conduct of the procurement procedure, may nevertheless influence the outcome of that procedure.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Title 1 – chapter 4 a (new)

Chapter IVa Rules on reciprocity Article 37a Exclusion by contracting authorities and contracting entities of tenders involving products and services which are not covered by an international agreement 1. In keeping with the provisions set out below, contracting entities shall assess whether tenders involving works, supplies or services originating in third countries which are not bound by an international agreement should be excluded from public procurement procedures if the value of the non-covered works, supplies or services represents more than 50 % of the overall value of the works, supplies or services making up the tender. A tender originating in a third country which is not bound by an international agreement shall automatically be rejected if the price is 30 % lower than the average price or cost of the other tenders. 2. Contracting entities may require tenderers to provide information about the origin of the works, supplies and services contained in the tender and about their value. They shall accept declarations on the tenderer’s honour as provisional grounds for not excluding a tender pursuant to paragraph 1. A contracting authority may at any stage of the procedure ask a tenderer to submit all or some of the required documents where this appears necessary to ensure the proper conduct of the procedure. If contracting entities receive tenders which they intend to exclude in accordance with the provisions of paragraph 1, they shall notify the Commission. They may continue their assessment of the tenders during the notification procedure. The notification shall be forwarded electronically, using a standard form. The Commission may adopt implementing acts establishing standard forms to be used to submit declarations concerning the origin of works, supplies or services. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100(2). The standard form shall contain the following information: (a) the name of and contact details for the contracting entity; (b) a description of the subject-matter of the contract; (c) the name of and contact details for the economic operator whose tender is to be excluded; (d) information concerning the origin of the economic operator, the works, supplies or services and their value. 3. If the Commission rejects the contracting entity’s decision to exclude a tender pursuant to the provisions of paragraph 1, it shall inform the contracting authority, giving its reasons, within 15 days from the first working day after the date on which it received the notification of intent to exclude. This period may be extended once for a maximum of 15 days in duly substantiated cases, in particular if the information contained in the notification of intent to exclude or in the documents attached thereto is incomplete or inaccurate or if the facts as reported undergo substantive changes. If, at the end of that 30-day period, the Commission has not adopted a decision approving or rejecting the exclusion of the tender, that exclusion shall be deemed to have been approved by the Commission. 4. Contracting entities shall require tenderers to provide information about the origin of the products and services contained in the tender and about their value. They shall accept declarations on the tenderer’s honour as provisional grounds for not excluding a tender pursuant to paragraph 1. A contracting entity may at any stage of the procedure ask a tenderer to submit all or some of the required documents where this appears necessary to ensure the proper conduct of the procedure. 5. Decisions to exclude tenders may be taken: (a) if the international agreement concerning access to the market in the area of public procurement concluded between the Union and the country of origin of the products or services sets out, in respect of the products or services whose exclusion is being proposed, explicit market access reservations formulated by the Union; (b) in the absence of an agreement as referred to in point (a), if the third country concerned implements restrictive measures concerning procurement which give rise to a lack of substantial reciprocity in terms of market access between the Union and the third country concerned. For the purposes of point (b), substantial reciprocity shall be presumed not to exist if the restrictive measures concerning procurement result in serious and persistent discrimination against Union economic operators, works, supplies and services. 6. The Commission shall hear the contracting entities concerned before taking a decision pursuant to paragraph 3. Article 38b Implementation of the conditions governing reciprocity Contracts concluded with an economic operator in breach of the Commission's intention to exclude a tender pursuant to Article 38a, following notification by the contracting entity of its decision to exclude, shall be declared null and void within the meaning of Directive 2007/66/EC.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1 – point b

(b) a notice on the existence of a qualification system pursuant to Article 62 where the contract is awarded by restricted or negotiated procedure ~~or by an innovation partnership;~~.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1 – point b

(b) a notice on the existence of a qualification system pursuant to Article 62 where the contract is awarded by restricted or negotiated procedure ~~or by an innovation partnership;~~.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 42 – paragraph 2 – subparagraph 3 – point 1 (new)

(1) Contracting authorities may not confine negotiations to the prices quoted in tenders.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 43

Article 43 Innovation partnership 1. Member States may provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement. In innovation partnerships, any economic operator may submit a request to participate in response to a call for competition in accordance with points (b) and (c) of Article 39(2) with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. 2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up to the manufacturing of the supply or the provision of the services. It shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting entity can decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rights. 3. The contract shall be awarded in accordance with the rules for a negotiated procedure with prior call for competition set out in Article 42. In selecting candidates, contracting entities shall pay particular attention to criteria concerning the tenderers’ capacity and experience in the field of research and development or of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 72(2). Only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects, aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76 (1)(a). 4. The structure of the partnership and, in particular the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supply, service or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profit. Contracting entities shall not use innovation partnerships in such a way as to prevent, restrict or distort competition.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 44 – paragraph 1 – introductory part

Contracting authorities may not use the negotiated procedure without publication to confine negotiations to the price of the works, supplies and services. Contracting entities may use a negotiated procedure without prior call for competition in the following cases:

2012/09/03
Committee: IMCO

Proposal for a directive
Article 44 – paragraph 1 – point d a (new)

(da) where an economic operator takes the initiative to offer a contracting entity an innovation partnership with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works provided that they correspond to the agreed performance levels and costs.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1

Contracting entities may use electronic auctions solely for the purchase of standardised goods, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2

These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle and socially sustainable production process referred to in points (22), (22a) and (22b) of Article 2.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 58 – paragraph 1 – subparagraph -1

A variant shall be an alternative method of design, execution or funding of the contract. Contracting entities may take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

Contracts may be ~~sub~~divided into ~~homogenous or heterogeneous lots. Article 13(7) applies~~lots. .

2012/09/03
Committee: IMCO

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2

Contracting entities shall indicate, in the contract notice, or in the invitation to confirm interest, ~~or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender~~whether the contract is limited to one or more lots only. They shall be free to determine the number of lots, taking into account in particular the technical characteristics of the services requested, the structure orf t~~o negotiate, whether tenders are limited to one or more lots only~~he economic sector concerned, and, where necessary, the rules applicable to given professions.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 59 – paragraph 2

2. C~~ontracting entities may, even where the possibility to~~andidates may not submit different tenders for ~~all lots has been indicated,~~differing numbers of lots. Contracting entities shall 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 ~~ent~~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~~.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 68 – paragraph 1 – subparagraph 1

In restricted procedures~~, innovation partnerships~~ and negotiated procedures with prior call for competition, contracting entities shall simultaneously and in writing invite the selected candidates to submit their tenders or to negotiate.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 70 – paragraph 3 – introductory part

3. When selecting participants for a restricted or negotiated procedure ~~or an innovation partnership~~, in reaching their decision as to qualification or when the criteria and rules are being updated, contracting entities shall not:

2012/09/03
Committee: IMCO

Proposal for a directive
Article 70 – paragraph 6

6. In open procedures, contracting entities may decide to examine tenders before verifying the suitability of tenderers, provided that the relevant provisions of Articles 70 to 79 are observed, including the rule that the contract shall not be awarded to a tenderer who should have been excluded pursuant to Article 74 or who does not meet the selection criteria set out by the contracting entity in accordance with Article 72(1) and Article 74.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1

The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures ~~or in innovation partnerships~~ may include the exclusion grounds listed in Article 55 of Directive 2004/18 on the terms and conditions set out therein.

2012/09/03
Committee: IMCO

Sergio Gaetano COFFERATI, Marc TARABELLA

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1

The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures or in innovation partnerships ~~may~~shall include the exclusion grounds listed in Article 55 of Directive ~~2004/18~~[.../.../EU][replacing Directive 2004/18/EC on public procurement] on the terms and conditions set out therein.

2012/09/03
Committee: IMCO

Sergio Gaetano COFFERATI, Marc TARABELLA

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Where the contracting entity is a contracting authority, those criteria and rules shall include the exclusion grounds listed in Article 55(1) and (2) of Directive 2004/18 on the terms and conditions set out in that Article.deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part

Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, ~~the criteria on which~~ contracting entities shall base the award of contracts ~~shall be one of the following:~~on multiple criteria used to determine the most economically advantageous tender.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~deleted

2012/09/03
Committee: IMCO

Proposal for a directive
Article 78 – title

~~Impediments to award~~Decision not to award the contract

2012/09/03
Committee: IMCO

Proposal for a directive
Article 78 – paragraph 1 – introductory part

Contracting entities shall be free not to follow up a public procurement procedure. The decision not to award the contract shall state the relevant reasons and be communicated to all candidates and tenderers. Contracting entities shall not conclude the contract with a successful tenderer where one of the following conditions is fulfilled:

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – 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;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – 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;

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 – paragraph 1 – point c

(c) at least ~~fiv~~three tenders have been submitted.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 79 a (new)

Article 79a Abnormally low tenders not originating in the European Union When a contracting entity plans to accept an abnormally low tender including works, supplies or services not originating in the European Union, in which the value of the works, supplies or services not covered exceeds 50 % of the total value of the works, supplies or services that make up the tender, in accordance with Article 37a the contracting entity shall inform the other tenderers in writing, explaining why the price or costs proposed are abnormally low. Tenders originating in third countries not bound by an international agreement shall automatically be rejected when the price or cost charged is more than 50 % lower than the average cost of the other tenders.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 1

1. In the procurement documents, the contracting entity m~~ay ask, or may be required by a Member State to~~ust ask, the tenderer to indicate in its tender ~~any~~the share of the contract it ~~may intend~~wishes to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor, including names, contact details and legal representatives. The contracting entity must be informed without delay of any change in the subcontracting chain.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 2

2. Member States ~~may~~shall limit the possibility for a tenderer to subcontract when executing a public contract to a maximum of three or less successive subcontractors. Member States shall provide that, at the request of the subcontractor, and where the nature of the contract so allows, the contracting entity ~~shall~~must transfer due payments directly to the subcontractors 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~~must be sdet ~~out~~ermined in the procurement documents.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 3

3. The reasons for using subcontractors must be set out in the contract documents and strictly justified by technical considerations. Subcontracting may not be used to circumvent the relevant legislation and the obligations relating to the supply of works, services and supplies. Paragraphs 1 and 2 shall be without prejudice to the ~~question~~liability of the pr~~incipal economic operator’s liability~~oject manager and subcontractors. Member States must provide for a system of joint and several liability in the sub- contracting chain.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 81 – paragraph 3 a (new)

3a. The main economic operator and any subcontractor involved in carrying out works in a public contract shall be jointly and severally liable for non-compliance by the subcontractor in relation to fundamental rights, health and safety requirements, social welfare rules and standards, requirements associated with employment and working conditions, health and safety in the workplace and social security, as well as failure to comply with any relevant provision of European Union law, any national legislative, administrative or regulatory provision, collective agreements and contracts and the international conventions listed in Annex XIV that apply in the place where the work or service is carried out or supplies are provided. These obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. The contracting entity in its contract with the main contractor, and the main contractor and any intermediate subcontractor in their contracts with their subcontractors, shall stipulate that in the event that they have reasons to believe that their immediate subcontractor has violated the rules referred to in the first subparagraph, the immediate subcontractor must take immediate action to remedy the situation, and that, failing this, the contract concerned shall be terminated. The Member States may provide for stricter liability rules under their national law.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 82 – paragraph 2 – introductory part

2. ~~A modification of a contract during its term shall be considered substantial within the meaning of paragraph 1, where it renders the contract substantially different from the one initially concluded.~~ In any case, without prejudice to paragraph 3 and 4, a modification shall be considered substantial where one of the following conditions is met:

2012/09/03
Committee: IMCO

Proposal for a directive
Article 82 – paragraph 2 – point c

(c) the modification extends the ~~scop~~purpose of the contract considerably to encompass supplies, services or works not initially covered.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 82 – 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 12 ~~and~~or 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.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 82 – paragraph 5

5. Contract modifications shall not be considered substantial within the meaning of paragraph 1 where they have been provided for in the procurement documents in clear, precise and unequivocal review clauses or options, as well as in the form of price revision clauses or pricing clauses. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract.

2012/09/03
Committee: IMCO

Proposal for a directive
Article 84 – paragraph 1

CWithout prejudice to the freedom of the Member States and/or the contracting entities to provide social services and other specific services and to organise these in a way not involving the award of a public contract, contracts for social and other specific services listed in Annex XVII shall be awarded in accordance with this Chapter where the value of the contracts is equal to or greater than the threshold indicated in Article 12(c).

2012/09/03
Committee: IMCO

Proposal for a directive
Article 93

Article 93deleted

2012/09/03
Committee: IMCO