65 Amendments of Birgit SIPPEL related to 2011/0438(COD)
Amendment 118 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. 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. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 126 #
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 production and location of production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation;
Amendment 200 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 203 #
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Contracting authorities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous and sustainable tender.
Amendment 211 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 252 #
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. UnlessWhen justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, location of production or a particular process, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘'or equivalent’'.
Amendment 255 #
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and, environmental organisations, social organisations and trade unions may participate;
Amendment 272 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled:
Amendment 274 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union 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. Compliance with Union legislation or with internationalin the field of environmental law or social and labour law, as established by Union legislation and national laws, regulations or administrative provisions, arbitration award, collective agreements and contracts, and international social and environmental law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, including in the subcontracting chain. Compliance with these provisions also includes compliance in an equivalent manner.
Amendment 276 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 277 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed.
Amendment 278 #
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
They are not obliged to impose all the conditions listed in paragraphs 2, 3 and 4, but they shall not and may provide requirements other than those listed.
Amendment 280 #
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
With regard to technical and professional ability, contracting authorities mayshall require that economic operators possess or have made provisions to access or acquire the necessary human and technical resources and experience to performensure the performance of the contract to an appropriate quality standard and, where so requested by the contracting authority, in accordance with any contract performance clause specified in accordance with Articles 70 and 71. Contracting authorities may conclude that economic operators will not performensure the performance of the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract.
Amendment 282 #
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5a. This Article shall also apply to subcontracting procedures and subcontractors.
Amendment 283 #
Proposal for a directive
Article 57 – paragraph 1 – point d
Article 57 – paragraph 1 – point d
(d) they will be able, upon request and without delay, to provide the supporting documentation that contracting authorities have required in accordance with Articles 59, 60 and, where appropriate, Articles 61, 62(1) and 63.
Amendment 284 #
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
Before awarding the contract, the contracting authority shall require the tenderer to which it has decided to award the contract to submit the documentation in accordance with Articles 59 and 60 and, where appropriate, Article 61. The contracting authority may invite economic operators to supplement or clarify the certificates and documents submitted pursuant to Articles 59, 60, 61 and 612(1).
Amendment 284 #
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 servicelife cycle characteristics, such as a specific production process, including for example social and environmental aspects, a specific mode of provision of services, functional or performance requirements aimed at minimising or maximising environmental or social impacts, 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. IThe link to the subject matter rule should be interpreted broadly. Accordingly, 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 tendertechnical specifications and award criteria, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may onlyfor example concern the protection of health of the staff involved in the production process, gender balance (e.g. equal pay, work-life balance), access to vocational training, users' involvement and consultation, affordability, human rights, ethical trade or the favouring of social integration of disadvantaged persons or members of vulnerable groups (such as long-term unemployed persons, Roma, migrants or younger and older workers) 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 antechnical specifications or award criteriona the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality and sustainability of contract performance and, as a result, the economic value of the tender. Contracting authorities may also integrate into technical specifications or award criteria social considerations relating to external social costs directly linked to the life- cycle, such as the impacts of production on the surrounding environment and adjacent communities. Contracting authorities should lay down in the technical specifications obligations relating to social and employment conditions, health and safety in the workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration awards, collective agreements and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations should also apply in cross-border situations, where workers from one Member State provide services in another Member State.
Amendment 285 #
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2 a (new)
Article 57 – paragraph 3 – subparagraph 2 a (new)
National authorities shall create secure online certificate repositories where enterprises can submit all relevant documentation once every two years. That documentation shall be accessible to all contracting authorities at all levels, through the provision of a personal identification number.
Amendment 286 #
Proposal for a directive
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Proof of the economic operator's economic and financial standing as well as compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed may, as a general rule, be provided by one or more of the references listed in Annex XIV, part 1.
Amendment 288 #
Proposal for a directive
Article 61 – title
Article 61 – title
Quality assurance standards and social standards and environmental management standards
Amendment 289 #
Proposal for a directive
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Contracting authorities may require the production of certificates drawn up by independent public bodies attesting that the economic operator complies with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 290 #
Proposal for a directive
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality and environmental and social standards referred to in paragraphs 1, 2 and 2a of this Article.
Amendment 291 #
Proposal for a directive
Article 63 – paragraph 5 – subparagraph 1
Article 63 – paragraph 5 – subparagraph 1
Information that can be deduced from registration on official lists or certification shall not be questioned without justification. With regard to the payment of social security contributions and taxes, an additional certificate mayshall be required of any registered economic operator whenever a contract is to be awarded.
Amendment 291 #
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 provisionsenvironmental law or with obligations relating to social and employment conditions, health and safety in the workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration awards, collective agreements and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State.
Amendment 293 #
Proposal for a directive
Recital 43
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements — applicable during performance of the contract — to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation. As regards obligations relating to social and employment conditions, health and safety in the workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration awards, collective agreements and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, contracting authorities should lay down provisions fixing an appropriate level of protection in the contract performance clauses.
Amendment 306 #
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 organisation, qualification and experience of the staff assigned to performing the contract in question as well as the qualification and professional conduct of any subcontractor 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, qualityfication and experience;
Amendment 324 #
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 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 337 #
Proposal for a directive
Article 70
Article 70
Article 70 Article 70 Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations and shall include obligations relating to social and employment conditions, such as health and safety at workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 340 #
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority mayshall 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, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting authority. The proposed change shall be rejected if it doesn't guarantee the respect of the general principle defined in Article 54.2 or if one of the conditions for exclusion laid down in Article 55 applies. Any changes in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives.
Amendment 343 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. Member States shall ensure that the main contractor and any intermediate subcontractor may be directly held liable like a guarantor, in addition to or in place of a subcontractor, for any liability which arises from the failure by the subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreements and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services in another Member State. This shall apply without any further conditions, in particular without the subject or the subjects held liable being directly at fault. Member States may provide for more stringent liability rules under national law. The contracting authority 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 reason to believe that their immediate subcontractor is violating the rules referred to in the second subparagraph, the immediate subcontractor shall take immediate action to remedy the situation, and that, failing this, the contract concerned shall be terminated. If the termination of the contract and the replacement of the concerned subcontractor takes the form of a transfer of undertaking, as defined in Directive 2001/23/EC, the provisions of that Directive shall apply.
Amendment 359 #
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Contracting authorities may choose to limit the participation in a tender procedure for the provision of social and health services to non profit organisations, provided that a national law that is compatible with European law provides for restricted access to certain services for the benefit on non profit organisations, in line with the ECJ's jurisprudence. The call for competition shall make reference to this provision. The basic principles of transparency and equal treatment should be respected.
Amendment 360 #
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point b
Article 84 – paragraph 2 – subparagraph 2 – point b
(b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social criteria such as gender balance, ethical trade and social inclusion including accessibility for persons with disabilities and employment opportunities for disabled, disadvantaged or vulnerable workers, or fostering innovation;
Amendment 361 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d
Article 84 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying comprehensive, actionable ‘'red flag’' indicator and monitoring systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and, other serious irregularities as well as specific breaches of provisions contained in Articles 54, 55 and 71;
Amendment 364 #
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions, in particular in relation to provisions contained in Articles 54, 55 and 71.
Amendment 365 #
Proposal for a directive
Article 87 – paragraph 3 – subparagraph 2
Article 87 – paragraph 3 – subparagraph 2
Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which are in force in the Member State, in the region or localitypply in the place where the works are to be carried out or the services are to be provided and which will be applicable to the works carried ou. Member States shall ensure that con site or to the services provided duringtracting authorities state where the perinformance oftion can be found in the contract documents.
Amendment 366 #
Proposal for a directive
Article 87 – paragraph 3 – subparagraph 2 a (new)
Article 87 – paragraph 3 – subparagraph 2 a (new)
Member States shall ensure that contracting authorities request tenderers or candidates in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to social and labour law obligations, which apply in the place where the works are to be carried out or the services are to be provided.
Amendment 370 #
Proposal for a directive
Annex XIII – point c
Annex XIII – point c
(c) Certification that the economic operator is not the subject of insolvency or winding-up proceedings as referred toin one of the situations listed in Article 55(3)(b) and 55 (3a) new;
Amendment 371 #
Proposal for a directive
Annex XIV – part II – point c a (new)
Annex XIV – part II – point c a (new)
(ca) appropriate certificates or statements relating to evidence of respect of social and labour law rules and standards as set out by Union law and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed;
Amendment 372 #
Proposal for a directive
Annex XIV – part II – point f
Annex XIV – part II – point f
(f) an indication of the environmental and social management measures that the economic operator will be able to apply when performing the contract;
Amendment 373 #
Proposal for a directive
Annex XIV – part II – point f a (new)
Annex XIV – part II – point f a (new)
(f a) an indication of the supply chain management and tracking systems that the economic operator will be able to apply when performing the contract;
Amendment 898 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2 - point a and b (new)
Article 40 – paragraph 1 – subparagraph 2 - point a and b (new)
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 as referred to in point (22) of Article 2. Account must also be taken of the following requirements: (a) social criteria such as respect for decent working conditions, health and safety regulation, collective bargaining, gender balance (e.g. equal pay, work-life balance), social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to vocational training, user involvement and consultation, affordability, human rights and ethical trade; (b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of staff assigned to performing the contract.
Amendment 903 #
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2 a (new)
Article 40 – paragraph 1 – subparagraph 2 a (new)
Obligations relating to social and employment conditions, such as health and safety at workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, shall be clearly set out by contracting authorities in the technical specifications as part of the absolute requirements for the tendering of the contract.
Amendment 1043 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or, social security contributions in accordance with the legal provisions of theor any other obligation relating to social and employment conditions, such as health and safety at workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and country in which it is established oacts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border wsith those of the Member State of the contractuations, where workers from one Member State provide services ing authoritynother Member State.
Amendment 1055 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a a (new)
Article 55 – paragraph 3 – subparagraph 1 – point a a (new)
(aa) A contracting authority shall exclude from participation in a public contract any economic operator if one of the conditions set out in paragraph 1, 2, 2a (new) and points (c) or (d) of paragraph 3 is fulfilled in respect of a subcontractor proposed by the economic operator in accordance with Article 71.
Amendment 1075 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
1. Any candidate or, tenderer or subcontractor that is in one of the situations referred to in paragraphs 1, 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.
Amendment 1079 #
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
For this purpose, the candidate or, tenderer or subcontractor shall prove that it has compensated any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personal measures that are appropriate to prevent further criminal offences or misconduct. Contracting authorities shall evaluate the measures taken by the candidates and, tenderers or subcontractors taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the contracting authority considers the measures to be insufficient, it shall state the reasons for its decision.
Amendment 1125 #
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 and sustainable tender.
Amendment 1150 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Costs mayshall be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.
Amendment 1192 #
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) social criteria, such as respect for the right to decent working conditions, health and safety rules, collective bargaining, gender equality (e.g. equal pay, work-life balance), social integration, including employment opportunities for disabled, disadvantaged or vulnerable workers (such as long-term unemployed persons, Roma, migrants or younger and older workers), access to on-site vocational training, user involvement and consultation, affordability, human rights and ethical trade;
Amendment 1197 #
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1202 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrebe closely linked to the subject-matter of the contract (including invisible characteristricted freedom of choice on the contracting authority. Ts of products or services, such as life cycle characteristics, as referred to in point (22a new); they shall ensure the possibility of effective and fair competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 1280 #
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIenvironmental law or with obligations relating to social and employment conditions, such as health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration rulings, collective agreements and contracts and the international labour law provisions listed in Annex XI, which apply in the place where the work, service or supply is performed (these obligations shall also apply in cross-border situations, in which workers from one Member State provide services in another Member State), or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 1308 #
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerationsshall include obligations relating to social and employment conditions, such as health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts and the international labour law provisions listed in Annex XI, which apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 1323 #
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority mayshall ask or mayshall 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 and to give information on their subcontractors, including their names, contact details and legal representatives. Any change in the subcontracting chain and any new subcontractors shall be indicated without delay to the contracting authority, including their names, contact details and legal representatives.
Amendment 1326 #
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The reasons for using subcontractors shall be set out in the procurement documents; they should be based on technical considerations and should not be designed to reduce labour costs.
Amendment 1343 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liabilityThe main contractor and any intermediate subcontractor may, in addition to or in place of a subcontractor, be directly held liable as a guarantor by the employee and/or common funds or institutions of social partners for any liability which arises from the failure by a subcontractor to comply with provisions relating to social and employment conditions, such as health and safety at the workplace, social security and working conditions, as laid down in EU and national laws, regulations or administrative provisions, arbitration rulings, collective agreements and contracts and the international labour law provisions listed in Annex XI, which apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State. This shall apply without being subject to any further conditions, and in particular without the employer being directly at fault.
Amendment 1348 #
Proposal for a directive
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. A maximum of three undertakings may be involved successively in the performance of a public contract as subcontractors.
Amendment 1386 #
Proposal for a directive
Article 73 a (new)
Article 73 a (new)
Article 73a Member States have wide discretion to organise the choice of the service providers in the way they consider most appropriate; they are free to provide social services and other specific services themselves or to organise their provision in any other way that does not entail the conclusion of public contracts, provided such a system ensures compliance with the basic principles of transparency and non-discrimination.
Amendment 1434 #
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure high quality, continuity, accessibility, affordability, availability and comprehensiveness of the services, the specific needs of different categories of users, including disadvantaged and vulnerable groups, the involvement and empowerment of users and innovation. Member States may also providshall ensure that the choice of the service provider ishall not be made solely on the basis of the price for the provision of the service but takes into account quality and sustainability criteria for social services as set out above.
Amendment 1436 #
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Member States and/or contracting authorities shall ensure that economic operators respect obligations relating to social and employment conditions, such as health and safety at workplace, social security and working conditions as set out by EU and national laws, regulations or administrative provisions, arbitration award, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross-border situations, where workers from one Member State provide services in another Member State.
Amendment 1448 #
Proposal for a directive
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
Where an economic operator or a subcontractor appointed for a contract has been found to have shown significant or persistent deficiencies in the performance of any substantive requirement under the contract, the contracting authority shall communicate the facts and the necessary details to the supervisory and to the administrative authorities mentioned in Articles 84 and 88.
Amendment 1459 #
Proposal for a directive
Article 83 a (new)
Article 83 a (new)
Article 83a Register of non-compliance If an economic operator violates the conditions set out in the contract, in particular regarding social and employment protection, working conditions and subcontracting, he shall be inscribed in a register of non-compliance. Appearing in a register of non- compliance shall be an exclusion ground.
Amendment 1476 #
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point a
Article 84 – paragraph 3 – subparagraph 1 – point a
(a) monitoring the application of public procurement rules and of the rules on social and employment protection and working conditions by the economic operator awarded the contract and by his subcontractors including the related practice by contracting authorities and in particular by central purchasing bodies;
Amendment 1510 #
Proposal for a directive
Article 85 – paragraph 1 – point e
Article 85 – paragraph 1 – point e
(e) the name of the successful tenderer and the reasons why its tender was selected and, where known, the share of the contract or framework agreement which the successful tenderer intends to subcontract to third parties and information on their subcontractors including their names, contact details and legal representatives;