EU public procurement training in Bulgaria, TAIEX project

1. Tender evaluation
Award criteria and selection. Evaluation techniques.
September 30, 2009. Pleven, Bulgaria
ANDRIUS ŠIAUDINIS, M. A. JUR.
PPP ASSOCIATION - LITHUANIA
Public Private Partnership Association - Lithuania

2. Tender evaluation

3. Principles
 Principles stated in the EC Treaty:
 freedom of movement of goods;
 freedom of establishment;
 freedom to provide services.
 Principles deriving there from:
 The principle of equal treatment;
 the principle of non-discrimination;
 the principle of mutual recognition;
 the principle of proportionality;
 and the principle of transparency.

4. Selection criteria

5. Selection criteria (general points)
 No double use of criteria
 Shall be indicated in the contract notice
 DIR 2004/18/EC: Art 45
 KO criteria exclusion of the candidate
 Tenderer-related criteria
 Non discriminatory use of criteria

6. Selection criteria (exclusion)
 CA has to exclude the following tenderers; if they have been subject
of a conviction by final judgement of:
 participation in a criminal organisation
 corruption
 fraud
 money laundering
 CA may exclude tenderers in case of
o bankruptcy, compulsory winding up
o grave professional misconduct
o non payment of social security contributions
o non payment of taxes
o abnormally low tenders (State aid, only if not granted legally!!!)

7. Selection criteria (tenderer related)
 Suitability to pursue the activity (Art 46 2004/18/EC)
 Economic and financial standing (Art 47)
 Technical and / or professional ability (Art 48)
Evidence of the economic operators' technical capability may be furnished by one
or more of the following means according to the nature, quantity or
importance, and use of the works, supplies or services:
(i) a list of the works carried out over the past five years, accompanied by
certificates of satisfactory execution for the most important works.
(ii) a list of the principal deliveries effected or the main services provided in the
past three years, with the sums, dates and recipients, whether public or
private, involved.
 Quality assurance standards (Art 49)
 Environmental management standards (Art 50)

8. Proofs for the qualitative selection
 statements from banks, professional risk indemnity insurance
 presentation of balance-sheets
 statement of the company's overall turnover and/or turnover in the area
covered by the contract for a maximum of the last 3 financial years
 proof that the company has capacities of other entities at its disposal
 list + certificates of the works/deliveries carried out over the past 5 years
 description of technical facilities + measures used for quality control (study and
research facilities)
 proof of educational + professional qualifications of the service providers
involved (especially those responsible for quality control!)
 indication of environmental management measures
 indication of production capacities
 statement of the average annual manpower and managerial staff for the last 3
years
 indication as to the proportion of the contract  subcontractors

9. Proofs for the qualitative selection
NB: Art 46 2004/18/EC :
 An economic operator may, where appropriate and for a
particular contract, rely on the capacities of other
entities, regardless of the legal nature of the links which it
has with them.
 It must in that case prove to the contracting authority that
it will have at its disposal the resources necessary, for
example, by producing an undertaking by those entities to
that effect.

10. Right or Wrong?
Design and construction of a bio-climatic building
Technical capacity = Request a list of previous buildings which have
been constructed adhering to bio-climatic principles
Construction of a bridge in a protected area
Technical capacity = The possession of an EMAS for construction
sites

11. Contract award criteria

12. Contract award criteria
DIR 2004/18/EC: Art 53
 Economically most advantageous offer 
many criteria: weighted
 Lowest price One criteria

13. Contract award criteria
When the contract shall be awarded to:
 The economically most advantageous offer;
various criteria linked to the subject-matter of
the procurement:
 quality
 price, running costs,
 technical merit, period of completion
 aesthetic + functional characteristics
 environmental/social characteristics
 after-sales service + technical assistance
 The lowest price: only lowest price

14. Contract award criteria
Economically most advantageous criteria:
 linked to subject matter of the contract
 specific and objectively quantifiable
 advertised previously
 respect fundamental EC principles
(e.g., cannot specify that goods must be sourced
locally)
NB: Reminder : don’t mix selection and award criteria
Lianakis v Alexandropoulis (ECJ, Jan 2008)

15. Right or Wrong?
Computer leasing
for the economic offer: up to 80 points
for energy demand even lower than that defined in the technical
specifications: up to 20 points.
Street cleaning service
for the economic offer: up to 80 points
for environmental aspects: up to 10 points
for the possession of an EMAS: 10 points

16. Questions?

17. Public Private Partnership Association - Lithuania
A. Gostauto 40a, Vilnius, Lithuania
T +370 5 2100 000
F +370 5 2784 389
3p@3p.lt
www.3p.lt