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13 Amendments of Hermann WINKLER related to 2011/0438(COD)

Amendment 204 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shallIn cases where tenders for a given contract seem unusually low in the light of the services, works or supplies to be provided, contracting authorities must, before rejecting a tender, require the economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:concerned to give a written explanation of the individual components of their tenders.
2012/06/13
Committee: ITRE
Amendment 205 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 50 % lower than the average price or costs of the remaining tendersdeleted
2012/06/13
Committee: ITRE
Amendment 206 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 20 % lower than the price or costs of the second lowest tender;deleted
2012/06/13
Committee: ITRE
Amendment 207 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least five tenders have been submitdeleted.
2012/06/13
Committee: ITRE
Amendment 211 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
The contracting authority shall verify the information provided by consulting the tenderer. It may only 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.deleted
2012/06/13
Committee: ITRE
Amendment 212 #
Hermann WINKLER
Proposal for a directive
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 XI.deleted
2012/06/13
Committee: ITRE
Amendment 214 #
Hermann WINKLER
Proposal for a directive
Article 69 – paragraph 6
6. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the evidence and documents produced in relation to details listed in paragraph 3.deleted
2012/06/13
Committee: ITRE
Amendment 217 #
Hermann WINKLER
Proposal for a directive
Article 71
Article 71 Subcontracting 1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. 2. Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting authority shall transfer due payments directly to the subcontractor 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 be set out in the procurement documents. 3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.deleted
2012/06/13
Committee: ITRE
Amendment 224 #
Hermann WINKLER
Proposal for a directive
Article 74
Article 74 Award of contracts for social and other specific services Contracts for social and other specific services listed in Annex XVI 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 4 (d).deleted
2012/06/13
Committee: ITRE
Amendment 225 #
Hermann WINKLER
Proposal for a directive
Article 75
Article 75 Publication of notices 1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice. 2. Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice. 3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard forms. The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.deleted
2012/06/13
Committee: ITRE
Amendment 228 #
Hermann WINKLER
Proposal for a directive
Article 83
In conformity with Council Directive 89/665/EEC, Member States shall ensure correct application of this Directive by effective, available and transparent mechanisms which complementin keeping with the system in place for the review of decisions taken by contracting authorities.
2012/06/13
Committee: ITRE
Amendment 229 #
Hermann WINKLER
Proposal for a directive
Article 84
Article deleted
2012/06/13
Committee: ITRE
Amendment 233 #
Hermann WINKLER
Proposal for a directive
Article 85
Article deleted
2012/06/13
Committee: ITRE
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