74 Amendments of Rafał TRZASKOWSKI related to 2011/0438(COD)
Amendment 275 #
Proposal for a directive
Recital 40
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 283 #
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 309 #
Proposal for a directive
Recital 50
Recital 50
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities.
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)
Article 1 – paragraph 2 – subparagraph 2 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves pursuant to Protocol No 26 of the Treaty. Public authorities may perform public interest tasks using their own resources, without being obliged to call on external economic operators. They may do so in cooperation with other public authorities without this relationship necessarily taking the form of a public procurement contract.
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including productionresearch, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation a meaningful manner.
Amendment 400 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 425 #
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
c) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;
Amendment 467 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %the essential part 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;
Amendment 515 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %the essential part 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;
Amendment 630 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – 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.
Amendment 636 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Article 21 – paragraph 3 – subparagraph 3
Amendment 794 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84competent national body where they so request.
Amendment 799 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point b
Article 30 – paragraph 2 – subparagraph 1 – point b
(b) where the aim of the procurement is the creation or obtention of a work of artn for artistic reasons the contract may be awarded only to a particular economic operator;
Amendment 809 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d
Article 30 – paragraph 2 – subparagraph 1 – point d
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeure, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;
Amendment 864 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. CMember States may stipulate that contracting authorities may purchase works, supplies and/or services from or through a central purchasing body.
Amendment 868 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Member States shallmay also provide for the possibility for contracting authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.
Amendment 876 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to Article 11, contracting authorities from differentMember States may stipulate that contracting authorities may award public contracts jointly with contracting authorities from other Member States mayif: (a) jointly award of public contracts by using one of the means described in this Article. is justified due to cross-border nature of the contract or; (b) public contract is co-financed by contracting authorities from different Member States or; (c) public contract is of innovative nature
Amendment 877 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 878 #
Proposal for a directive
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Amendment 880 #
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 882 #
Proposal for a directive
Article 38 – paragraph 5 a (new)
Article 38 – paragraph 5 a (new)
Amendment 883 #
Proposal for a directive
Article 38 – paragraph 6
Article 38 – paragraph 6
Amendment 884 #
Proposal for a directive
Article 38 – paragraph 7
Article 38 – paragraph 7
7. OMember States may stipulate that one or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts.
Amendment 885 #
Proposal for a directive
Article 38 – paragraph 9
Article 38 – paragraph 9
Amendment 994 #
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. Forlots. For supply and services contracts with a value equal to or greater than the thresholds provided for in Article 4 but not lessEUR 500 000 and for works contracts with a value equal to or greater than EUR 510 000 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall providestate that in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 1004 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
Amendment 1009 #
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
Amendment 1010 #
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2
Article 44 – paragraph 3 – subparagraph 2
Amendment 1013 #
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3
Article 44 – paragraph 3 – subparagraph 3
Amendment 1030 #
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
Amendment 1057 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
Amendment 1059 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) where the contracting authority can demonstrate by any means that the economic operator is guilty of grave professional misconduct other than indicated in point (a), for instance where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.
Amendment 1060 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
Amendment 1073 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 1077 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
Amendment 1096 #
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 1099 #
Proposal for a directive
Article 59
Article 59
Amendment 1123 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 1128 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1135 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1145 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1159 #
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
Amendment 1169 #
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative characteraspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);
Amendment 1182 #
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;
Amendment 1196 #
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1209 #
Proposal for a directive
Article 67 – paragraph 1 – point a
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs,costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and
Amendment 1218 #
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 1225 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basisin close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 1230 #
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the data required can be provided with reasonable effort by normally diligent economic operators,
Amendment 1238 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, includingcovering among others environmental externalities has been made mandatory by dea legated acts pursuant to sector specific legislatislative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).
Amendment 1241 #
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
Amendment 1248 #
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
Amendment 1253 #
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders
Amendment 1259 #
Proposal for a directive
Article 69 – paragraph 1 – point a a (new)
Article 69 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
Amendment 1262 #
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more thanindicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;
Amendment 1264 #
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 1275 #
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such explanationsContracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.
Amendment 1286 #
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
Article 69 – paragraph 4 – subparagraph 1
4. 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.
Amendment 1287 #
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 the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if 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.
Amendment 1337 #
Proposal for a directive
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2a. Member States may decide that the contracting authority may exclude a subcontractor indicated by the tender if: (i) subcontractor does not fulfil criteria for selection envisaged for a tender (ii) subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of criteria for qualitative selection indicated in Articles 55 and 56
Amendment 1430 #
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member States shall put in place appropriate procedurrules for the award of contracts subject to this Chapter, ensuring full compliance with thetaking into account principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account. The rules shall take into consideration the specificities of the services in question.
Amendment 1463 #
Proposal for a directive
Article 84
Article 84
Amendment 1512 #
Proposal for a directive
Article 85 – paragraph 1 – point h
Article 85 – paragraph 1 – point h
Amendment 1517 #
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 1521 #
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversightcompetent national body where they so request.
Amendment 1530 #
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The bodies established or appointed in accordance with Article 84competent bodies in Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 1531 #
Proposal for a directive
Article 86 – paragraph 2 – point a
Article 86 – paragraph 2 – point a
Amendment 1533 #
Proposal for a directive
Article 86 – paragraph 2 – point b
Article 86 – paragraph 2 – point b
Amendment 1540 #
Proposal for a directive
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 1546 #
Proposal for a directive
Article 87
Article 87
Amendment 1553 #
Proposal for a directive
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1555 #
Proposal for a directive
Article 88 – paragraph 4
Article 88 – paragraph 4