The Commission’s proposal for a revised Directive on public procurement is not responsive to calls by the European Parliament and others to move away from allowing authorities to simply choose the lowest priced tender.
The problem is that the price does not always tell the full story - by looking only at price, the contracting authority may actually be ignoring the best value. In fact, if sustainable development can be promoted alongside the satisfaction of the functional needs of the contracting authority, more value is being squeezed from the taxpayers’ money that is being spent. ClientEarth argues that the general elimination of the lowest price option for the award of procurement contracts would be a significant step towards enabling public procurement officials to consistently utilise public procurement to achieve strategic policy goals, such as the promotion of sustainable development.
In the attached briefing we explain how maintaining a ‘price only’ option in the revised Directive would fail to adequately reflect the requirement under the Treaty on the Functioning of the European Union to integrate environmental protection into the definition and implementation of the Union’s policies and activities, with a view to promoting sustainable development. The Treaty’s requirement that the Union takes into account adequate social protection and a high level of protection of human health when defining and implementing its policies and activities and the aspirations to improve policy coherence set out in the EU’s Sustainable Development Strategy also appear to have been forgotten.
|Published||May 1, 2012|
|Found in||Rule of law|