Selection of the winning tenderer
1. In the notice launching the procedure, the contracting authority shall specify the criterion or criteria on the basis of which he shall select the tender that he considers to be the most economically advantageous tender, also as regards social, societal and environmental issues, where appropriate (hereinafter referred to as ‘award criteria’).
2. Award criteria may be
- the lowest price,
- the lowest cost to be calculated using the cost-efficiency method determined by the contracting authority or
- criteria representing the best price-quality ratio, in particular qualitative, environmental, social criteria, which include price or cost.
3. Criteria representing the best price-quality ratio, in particular, relate to
- quality, technical merit, aesthetic and functional characteristics, accessibility for all users, employment of disabled workers and other social, environmental and innovative characteristics, distribution arrangements, after-sale service and technical assistance, supply of spare parts, securing stocks, delivery date or period;
- the organisation, qualification and experience of the staff participating in the performance of the contract, where the quality of the staff may significantly affect the quality of the performance of the contract.
4. The criteria representing the best price-quality ratio may also be applied by indicating the element of price or cost at a fixed value and the tenderers compete with each other on the other award criteria.
5. Contracting authorities shall be bound to apply the award criteria for the lowest cost or the bestprice-quality ratio. Where the contracting authority’s needs can only be met by a particular supply or service which is able to satisfy specifically identified qualitative and technical requirements and, in the particular case, the most economically advantageous tender may be selected on the basis of the award criteria for the lowest price, while further quality characteristics would not help select such tender, the contract may be awarded on the sole basis of the award criteria for the lowest price. The contract may not be awarded on the sole basis of the award criteria for the lowest price in case of design, engineering and architectural services or public works. A separate act of legislation based on the empowerment of this Act or, in case of public contracts carried out using subsidies, the conditions for the subsidies may lay down detailed rules on the award criteria and method to be applied as regards certain subject-matters of public contracts.
6. The award criteria shall meet the following requirements:
- they shall be related to the subject-matter of the contract;
- the award criteria shall not allow arbitrary decision-making by the contracting authority and shall be based on quantifiable elements or elements that may be evaluated based on professional requirements;
- they shall ensure that the principles stipulated in Article 2(1)-(5) are embraced;
- within the scope of the award criteria the suitability of the tenderer for the performance of the contract may not be subject to evaluation. When assessing the circumstances specified in paragraph 3(b), where those situations are accompanied by suitability criteria as well, a clear distinction shall be made between the minimum criteria necessary for performance (suitability criteria) and the criteria to be taken into account in the course of the evaluation;
- the award criteria shall never allow the same substantial element in a tender being taken into consideration more than once.
7. In line with Article 6(a), the award criteria may be considered to be related to the subject-matter of the contract, if they are related, in any way and at any stage of their life cycles, to the works, supplies or services to be realized on the basis of the given contract, including the factors which
- are related to the specific process of production, provision or trading and its conditions of those works, supplies or services; or
- are related to a specific process during a later stage of the life cycle of those works, supplies or services;
even where such factors do not form part of the material substance of those works, supplies or services.
In relation to the given process of production or provision of the works, supplies or services, the contracting authority may consider, in particular, the offered degree of employment of unemployed or long-term unemployed people – including the previous employment in the framework of public employment as defined in the Act on the Amendment of the Act on Public Employment and other Acts relating to Public Employment or in the framework of a similar legal relationship in another Member State of the European Union as nonpublic employee of natural persons -, as well as the implementation of measures aimed at the training of unemployed people within the framework of the given contract. (This amendment entered into force on 1 January 2017.)
9. Where the award criteria for the lowest price or, as determined by the method specified in Article 78, the lowest cost is not the sole award criteria applied by the contracting authority, it shall determine
- the award criteria for the lowest costs or the best price-quality ratio as well as the rated multipliers which determine their weight, commensurate with the actual significance of the given award criteria (hereinafter referred to as ’weight‘),
- if, within the scope of the award criteria, sub-factors have been specified, the relevant weight of the latter shall be specified commensurate with their actual significance,
- the lowest and highest scores - to be the same for all award criteria - for the content elements of tenders when evaluating according to the award criteria,
- the method (methods) that shall provide the scores in the range between the limits of the scores [point (c)].
10. The information specified in paragraph 9 shall be indicated in the notice launching the procedure, however, the detailed description of the method (methods) specified in paragraph 9(d) may also be included in other procurement documents. In exceptional cases, where the weighting specified in paragraph 9(a) or (b) is not possible for objective reasons, and this fact is clearly confirmed by the contracting authority in the notice launching the procedure, the contracting authority shall indicate the criteria in decreasing order of importance. In this case Article 77(2) shall not apply, the method used for the award of the contract shall be defined by the contracting authority in the procurement documents.
11. Where the contracting authority applies the lowest cost as sole award criterion and, in this context, he assesses the costs of the supply, service or works using a life- cycle costing approach, paragraphs (9)-(10) notwithstanding, only the specifications set out in Article 78 shall be indicated in the procurement documents.
12. The Public Procurement Authority shall prepare guidelines regarding the methods referred to in paragraph 9(d) and the evaluation of the tenders.
13. The requirements specified by the contracting authority in the procurement documents shall allow the contracting authority to verify the information submitted by the tenderers in order to determine whether and to what extent the tender meets the award criteria. In case of doubt, the contracting authority shall ascertain the relevance of the information submitted by the tenderer.