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After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different awardcriteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.
In practice, this is unlikely to have a significant impact on the awardcriteria. What changes will I see to the decision to award a contract? Unsuccessful suppliers will receive a further explanation of why they are not being awarded the contract as well as how the winning supplier scored against the awardcriteria.
The Green Paper on Transforming Public Procurement represents a radical change to the UK procurement laws which promises consolidation of the current public procurement framework, greater flexibility in the procurement process and awardcriteria and increased transparency. When Will This Come Into Effect? This has now been delayed.
This means there should be no substantial amendments to the tender or transparency notice or to the awardcriteria for the award of the framework. New suppliers can be added to the framework when it is opened to help promote competition, provided the framework is on substantially the same terms.
Opportunity #5: Public Investment in the Face of Climate Change To address the climate crisis, it is necessary to spend between 2% and 8% of GDP on the provision of infrastructure services.
This is information that will either relate to the technical specifications, awardcriteria or performance clauses (or all of them) and there is no meaningful way in which AI could be used to deliver the contract without this having an impact on the assessment and evaluation of the tender.
Throughout the Annex we can see these popping up time and time again, both as awardcriteria and contract performance clauses/technical specifications. It would have been preferable to have a part of the Annex just for awardcriteria and another for contract performance clauses/technical specifications.
Affecting around 4000 public buyers, the decree defines procurement as ‘green’ if it uses green criteria, recognized certificates, ecolabels or environmental management systems for no less than 50% of total procurement value.
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.
The two points I will discuss are: Fair trade requirements to products cannot be part of technical specifications but are conditions relating to the performance of the contract; Fair trade criteria can be used as awardcriteria for public supply contracts. Technical specifications or contract performance conditions?
Contract AwardCriteria The contract awardcriteria are the factors that decide which bid wins. Competitive Dialogue A competitive dialogue is a type of procurement procedure where one works directly with suppliers to refine project requirements before making a final decision.
Awardcriteria could generate (further) incentives for regulatory performance, perhaps beyond the minimum mandatory baseline. Relatedly, the difficulties in using awardcriteria to pursue regulatory goals stem from difficulties in the operationalisation of qualitative criteria in practice.
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.
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.
Many local authorities , universities and other public sector bodies will already be taking steps to design contract specifications, and introduce social value awardcriteria with these areas in mind.
On the other hand, for all other criteria, Evropaïki Dynamiki’s tender was less well ranked than that of the successful tenderer. 29 Finally, the method applied by the Commission for the technical evaluation of the tenders was clearly set out in the tendering specifications relating to the call for tenders at issue.
The awarded contract worth € 2,4 million was a result of an extensive European tendering procedure which took almost 1 year. The awardingcriteria was 60% on quality and 40% on price.
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 (£/€).
As from 1 January 2021 the guidance on evaluating social value and the recommendation, at least for central government and non-department public bodies, to include a weighting of 10% for social value awardcriteria also comes into force.
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. In total, we're talking 117 new trains at a cost close to €800M.
They are also working on tools to help contracting authorities to analyze their own data, for example, to monitor the average lead time of their tenders, or decide which awardcriteria to use when preparing a tender.
In the EU, the TED data was somewhat incomplete; for example, in 2022, about 75% of the 7,817 procurement notices contained technical criteria (the rest expressed these criteria in separate documents that would have needed to be downloaded from individual procurement authority’s websites), and only about 50% contained non-price awardcriteria.
But many buyers are still reluctant to use such complicated procedures because they’re unsure of how control agencies view the use of awardcriteria other than lowest price. Printers are the first item on the list of goods that can be purchased using this method. Professionalizing procurement.
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