63124 - TAIEX-REGIO Workshop
on setting the most
economically advantageous
tender
ROBERT JAWOR
NOVEMBER 2016
VILNIUS, LITHUANIA
Changes in Directives

2004/18 and 2004/17 – meat or the lowest price

Still price can be only one criterion, up to
member state;

Promotion of non-price criteria;

Motive no 89 preambul of Directive 2014/24: „all
winning tenders should finally be chosen in
accordance with what the individual contracting
authority considers to be the economically best
solution among those offered”

Selection criteria – European Single Procurement
Document;
Changes in Directives

Art. 67 - contracting authorities shall base the award of
public contracts on the most economically advantageous
tender; The most economically advantageous tender from
the point of view of the contracting authority shall be
identified on the basis of the price or cost, using a costeffectiveness approach,

Member States may provide that contracting authorities
may not use price only or cost only as the sole award
criterion or restrict their use to certain categories of
contracting authorities or certain types of contracts.

Only quality criteria? If the national regulations set the
enumeration for specific services or deliveries
Changes in Directives

(a) quality, including technical merit, aesthetic and
functional characteristics, accessibility, design for all users
(art. 42 - For all procurement which is intended for use by
natural persons, whether general public or staff of the
contracting authority, the technical specifications shall,
except in duly justified cases, be drawn up so as to take into
account accessibility criteria for persons with disabilities or
design for all users.) social (new literally), environmental
(preambul 93: „books were stamped on recycled paper or
paper from sustainable timber, the cost imputed to
environmental externalities”) and innovative characteristics
(no examples, but preambul 47: „Buying innovative
products, works and services plays a key role in improving
the efficiency and quality of public services while
addressing major societal challenges” and trading and its
conditions;
Changes in Directives

(b) organisation, qualification and experience of staff
assigned to performing the contract, where the quality of
the staff assigned can have a significant impact on the
level of performance of the contract;
Preambul 94: „Wherever the quality of the staff employed is
relevant to the level of performance of the contract,
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 can affect the quality of contract performance and, as a
result, the economic value of the tender”.
Changes in Directives

(c) after-sales service and technical assistance, delivery
conditions such as delivery date, delivery process and
delivery period or period of completion.
Preambul 93: „Where national provisions determine the
remuneration of certain services or set out fixed prices for
certain supplies, it should be clarified that it remains possible to
assess value for money on the basis of other factors than solely
the price or remuneration. Depending on the service or
product concerned, such factors could, for instance, include
conditions of delivery and payment, aspects of after-sale
service (e.g. the extent of advisory and replacement services)
most economically advantageous tender
most economically
advantageous tender

price
or
criterion price/criterion
cost
life-cycle
costing
and
or
best quality/price
ratio
Quality/ecology/social/s
upply conditions/human
resources
Changes in Directives
Life-cycle costing

(i)
a)costs, borne by the contracting authority or other users, such as:
costs relating to acquisition,
(ii)costs of use, such as consumption of energy and other resources,
(iii) maintenance costs,
(iv) end of life costs, such as collection and recycling costs.

(b)costs imputed to environmental externalities linked to the
product, service or works during its life cycle, provided their
monetary value can be determined and verified; such costs may
include the cost of emissions of greenhouse gases and of other
pollutant emissions and other climate change mitigation costs.
DIRECTIVE 2009/81/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the coordination of procedures for the award of certain works contracts,
supply contracts and service contracts by contracting authorities or entities in
the fields of defence and security – Preambul 12 - This Directive should take
account of the needs of the contracting authority/entity throughout the
whole life cycle of the product, i.e., research and development, industrial
development, production, repair, modernisation, modification, maintenance,
logistics, training, testing, withdrawal and disposal.
Directive 2009/33/EC of the European Parliament and of the Council of 23
April 2009 on the promotion of clean and energy-efficient road transport
vehicles.
Changes in Directives
Labels
Where contracting authorities intend to
purchase works, supplies or services with
specific environmental, social or other
characteristics they may, in the technical
specifications, the award criteria or the
contract performance conditions, require a
specific label as means of proof that the
works, services or supplies correspond to the
required characteristics, provided that all of
the following conditions are fulfilled.
weight of criteria

Public authorities may use different criteria
when evaluating tenders - for example
they may select according to the lowest
price offered or they may use other
criteria. In the latter case, each applicant
should be informed of the different
weighting given to the different criteria (for
example price, technical characteristics
and environmental aspects)
weight of criteria
criterion/
contract
price
technical
merit
environment
estethic and
functional
attributes
others
simple
70-80%
0-15%
0-5%
5-10%
0-10%
average
60-70%
5-20%
0-5%
10-20%
0-10%
complex
40-50%
10-30%
0-5%
10-30%
0-10%
Recommendations:

Set up name of criterion, its weight and the way
of evaluation;

Set up what kind of documents will you required
to evaluate bidders;

With measurable criteria (price, time of warranty,
power of engine, speed of computer procesor)
use mathemathic formula;

With unmeasurable criteria (esthetic, comfort,
taste) quantification is required. Describe the level
of expectation of awarding entity;

In non-priority procurements awarding entity may
and should use criteria linked to the subject
matter of a contract and on the basis of the
economic operator’s characteristics