Activities of Iosif MATULA 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)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
Amendments (4)
Amendment 62 #
Proposal for a directive
Recital 6
Recital 6
(6) Even if they do not necessarily lead to corrupt conduct, actual, potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition and, jeopardising equal treatment of tenderers and delaying the implementation of public procurement procedures. Effective mechanisms should therefore be set up to prevent, identify and remedy conflicts of interest and eliminate obstacles to the implementation thereof.
Amendment 65 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to foster the involvement of small and medium-sized enterprises (SMEs) in the public procurement market, contracting authorities should be encouraged to divide contracts into lots, implement measures to encourage SME participation and be obliged to state the reasons for not doing so. Where contracts are divided into lots, contracting authorities may, for instance in order to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tenderer.
Amendment 71 #
Proposal for a directive
Recital 42
Recital 42
(42) Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices. In order to prevent possible disadvantages during contract performance, contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers. Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender. Rejection should be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non-compliance with mandatory Union legislation in the fields of social, labour or environmental law or international labour law provisions. With a view to discouraging improper practices, the competent authorities should be empowered to exclude tenderers repeatedly submitting abnormal bids.
Amendment 74 #
Proposal for a directive
Recital 50
Recital 50
(50) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first-hand and timely information, particularly in relation to different problems affecting the implementation of public procurement law and should recommend procedures to be followed if tenders for public procurement contracts are contested. It should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corruption and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High- value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized.