Contract award procedures

Expert review of legislation to consider the following aspects, as a minimum: • Equal access for economic operators means that contracting entities should not impose conditions causing direct or indirect discrimination against potential tenderers, such as the requirement that undertakings interested in the contract must be established in the same country or region as the contracting entity; • Time limits for expression of interest and for submission of offers are considered appropriate when they are long enough to allow undertakings from other countries to make a meaningful assessment and prepare their offer; • A transparent and objective approach is when all participants are able to know the applicable rules in advance and have the certainty that these rules apply to everybody in the same way; • Limiting the number of applicants to an appropriate level (short-listing) must be carried out in a transparent and non-discriminatory manner. At a minimum, contracting authorities/entities must be obliged by law to apply objective factors for selection of economic operators. For each of the following seven criteria that is ensured in the legislation, 1 point is awarded (total of 7 points).

Criteria fulfilled: 6/7

No data available / not assessed
The description of the characteristics required of a product or service should not refer to a specific make or source, or a particular process, or to trademarks, patents, types or a specific origin or production, unless such a reference is justified by the subject matter of the contract and accompanied by the words “or equivalent” (1 point)
Equal access for economic operators (1 point)
Appropriate time limits for expression of interest and for submission of offers (1 point)
Transparent and objective approach to all participants (1 point)
Shortlisting is based on transparent and non-discriminatory criteria (1 point)
Contract award decisions comply with the procedural rules laid down at the outset, and the principles of non-discrimination and equal treatment are fully respected. For choosing the best offer, contracting authorities/entities are obliged by law to apply the criteria that were described in tender documentation, and the criteria used should be objective (1 point)
An adequate review mechanism is established to effectively guarantee compliance with the basic standards of non-discrimination, competition and transparency (1 point)