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The Resolution is composed of a main part with the provisions on eco criteria that are to be applied from January 1st and a detailed Annex with the specific awardcriteria and contract performance clauses/technical specifications that are to be adopted for certain types of contracts.
To do this properly, then the shed should be assessed via the awardcriteria. However, the maintenance shed is not subject to any specific awardcriteria, although it can be argued it is part of the price criterion. The final requirement is also a simple one to meet.
This is a textbook example of artificially narrowing down competition as established by Article 18(1) of the Directive 2014/24/EU. It should be self-evident that any increase in compliance costs will disadvantage smaller suppliers over larger ones who are better prepared to absorb those costs and requirements. The second is more puzzling.
The procurement procedure was launched in December 2021 and adopted a MEAT approach for the awardcriteria. This criterion was then further refined with sub-criteria and a 0-100 scaling system. This was evident when looking at the sub-criteria for the criterion and the 0-100 scaling system employed.
Dagne Sabockis, ‘ The Principle of Competition in the Context of Green Public Procurement – the Case of Green AwardCriteria ’ (2023) 18(4) EPPPL 237-243 (£/€). Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).
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