Awarding of contracts

The awarding criteria must be must be related to the goods/services being procured, described in the tender documents and controllable. Awarding criteria can only be used if the contract is being awarded on the basis of being “the most economically beneficial tender” (see chapter 12, section 1 of both LOU and LUF) and if it gives the tender added-value.

Awarding criteria that is not of an economic nature can be applied, which was established by the EU Court of Justice in the Concordia case (C-513/99). In its judgment, the EU Court of Justice maintained that even factors that are not of a purely economic nature can influence the value of a tender for the contracting authority. The Court also observed the integration principle, which is established in article 11 of the EDF pact, and which stipulates that environmental protection requirements must be integrated into the development and implementation of the EU’s policies and operations.

Examples of awarding criteria may be the prioritisation of better animal welfare in the production of food, the prioritisation of lower fuel consumption in vehicles, and the prioritisation of having fewer substances in plastics that are hazardous to the environment and public health. Remember to assign significant weight to environmental criteria in the evaluation. They must be able to influence the outcome of a procurement round if are to serve as an incentive for improvements among suppliers.

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