Value for money, free competition, transparency, equal treatment, mutual recognition and proportionality for PPPs/concessions

Expert review of legislation and documents describing the system of public procurement in the country. Interviews with the central institution responsible for the PPPs/concessions regulatory framework, contracting authorities, economic operators and their associations, PPP experts and NGOs. For each of the following eight criteria, 1 point is awarded (total of 8 points).

Criteria fulfilled: 7/8

Yes
No
No data available / not assessed
The scope of PPP/concessions regulations is harmonised with the definition of contracting authorities in Directive 2014/23 (1 point)
The list of exclusions does not go beyond the permitted exclusions in EU Directives (1 point)
The contracting authority/entity is obliged by law to use competitive procedures (launched by a notice) for PPP/concessions awards (1 point)
The contracting authority/entity is obliged by law to inform each candidate and tenderer of decisions reached, including the grounds for any decision (1 point)
Legislation includes provisions for preventing potential and managing actual conflicts of interest (1 point)
According to the legal provisions, the contracting authority/entity has to abide by the rules announced in the tender documentation (1 point)
Provisions regulating preparation of technical specifications, clear and non-discriminatory award criteria, and clear and non-discriminatory grounds of exclusion and selection criteria ensure equal access of economic operators to the contract (1 point)
Legal provisions do not restrict access to professional knowledge and expert support in the preparation of tender documentation or during the negotiation process for contracting authorities/entities (1 point)