Commission Delegated Regulation (EU) No 1268/2012 (repealed)Show full title

[F1 Article 159 U.K. Results of the evaluation and award decision (Article 113(1) of the Financial Regulation)

1. The outcome of the evaluation shall be an evaluation report containing the proposal to award the contract. The evaluation report shall be dated and signed by the person or persons who carried out the evaluation or by the members of the evaluation committee. That report may be signed in an electronic system providing sufficient identification of the signatory.

If the evaluation committee was not given responsibility to verify the tenders against the exclusion and selection criteria, the evaluation report shall also be signed by the persons who were given that responsibility by the authorising officer responsible.

2. The evaluation report shall contain the following:

(a) the name and address of the contracting authority, and the subject matter and value of the contract, or the subject matter and maximum value of the framework contract;

(b) the names of the candidates or tenderers rejected and the reasons for their rejection by reference to a situation set out in Article 107 of the Financial Regulation or to selection criteria;

(c) the references to the tenders rejected and the reasons for their rejection by reference to any of the following:

(i)

non-compliance with minimum requirements as set out in point (a) of Article 110(1) of the Financial Regulation;

(ii)

not meeting the minimum quality levels laid down in Article 149(3) of this Regulation;

(iii)

tenders found to be abnormally low as referred to in Article 151 of this Regulation;

(d) the names of the candidates or tenderers selected and the reasons for their selection;

(e) the names of the tenderers to be ranked with the scores obtained and their justifications;

(f) the names of the proposed candidates or successful tenderer and the reasons for that choice;

(g) if known, the proportion of the contract or the framework contract which the proposed contractor intends to subcontract to third parties.

3. The contracting authority shall then take its decision providing any of the following:

(a) an approval of the evaluation report containing all the information listed in paragraph 2 complemented by the following:

(i)

the name of the successful tenderer and the reasons for that choice by reference to the pre-announced selection and award criteria, including where appropriate the reasons for not following the recommendation provided in the evaluation report;

(ii)

in the case of negotiated procedure without prior publication, competitive procedure with negotiation or competitive dialogue, the circumstances referred to in Articles 134, 135 and 266 which justify their use;

(b) where appropriate, the reasons why the contracting authority has decided not to award a contract.

4. The authorising officer may merge the content of the evaluation report and award decision into a single document and sign it in any of the following cases:

(a) for procedures below the thresholds set out in Article 118(1) of the Financial Regulation where only one tender was received;

(b) when reopening competition within a framework contract where no evaluation committee was nominated;

(c) for cases under points (c), (e), (f)(i), (f)(iii) and (h) of Article 134(1) where no evaluation committee was nominated.

5. In the case of a procurement procedure launched on an interinstitutional basis, the decision referred to in paragraph 3 shall be taken by the contracting authority responsible for the procurement procedure.]

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union.