PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2RULES ON PUBLIC CONTRACTS

Choice of Participants and Awarding Contracts

Life-cycle costing68

1

Life-cycle costing must, to the extent relevant, cover part or all of the following costs over the life cycle of a product, service or works—

a

costs, borne by the contracting authority or other users, such as—

i

costs relating to acquisition;

ii

costs of use, such as consumption of energy and other resources;

iii

maintenance costs;

iv

end of life costs, such as collection and recycling costs; and

b

costs imputed to environmental externalities linked to the product, service or works during its life cycle, provided their monetary value can be determined and verified.

2

The costs mentioned in paragraph (1)(b) may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.

3

The method used for the assessment of costs imputed to environmental externalities must fulfil all of the following conditions—

a

it is based on objectively verifiable and non-discriminatory criteria and, in particular, where it has not been established for repeated or continuous application, it must not unduly favour or disadvantage certain economic operators;

b

it is accessible to all interested parties;

c

the data required can be provided with reasonable effort by normally diligent economic operatorsF2....

4

Where a contracting authority assesses costs using a life-cycle costing approach, the authority must indicate in the procurement documents—

a

the data to be provided by the tenderers; and

b

the method which the contracting authority will use to determine the life-cycle costs on the basis of those data.

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F16

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