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The choice is mainly between open and restricted procedures under which all tenderer’s must bid against the same specification and terms and conditions of contract. The negotiated procedure allows a preferred bidder to be chosen before the final terms of the contract are agreed. There are strict provisions on technical standards requiring the use of European standards in tender documentation in preference to national ones.

The award of the contract must be either on the basis of the lowest price or the most economically advantageous tender. If this latter test is used a contracting authority should specify which further elements would be relevant, such as technical merit, delivery dates, after-sales services, running costs etc, when possible in order of importance. Unsuccessful bidders can obtain reasons for rejection of their tender so the contracting authority must maintain compliance records. After the award of the contract, new or additional work can only be carried out in certain very limited circumstances.

4.2: Enforcement

Any contractor or potential contractor that can prove that it has been prejudiced by the failure to apply the procurement rules correctly will have a cause of action against the contracting authority or utility in national courts. Under the UK implementation of the enforcement directives (there are a general remedies directive and a more particular utilities remedies directive) it is not, however, possible to set aside a contract once it has finally been entered into. In such a case the only remedy would be damages

CHAPTER 5: Procurement Issues

5.1: Supplies

The EU Directive (93/36/EEC) is implemented by the Public Supply Contracts Regulations 1995 (SI 1995:201). The supply rules apply where a contracting authority seeks to purchase or hire certain goods. The qualifying threshold is currently SDR 200 000. Again, negotiated procedures are the exception. As with the works rules, a contracting authority will usually employ the open or restricted procedures. There are requirements to publish a prior information notice above 750 000 ECU for contracts of the same product and a contract notice in order to attract offers. The comments in section above on award criteria, technical specifications and maintaining records of awards also apply to the supply rules.

5.2: Services

The EU Directive is implemented by the Public Services Contracts Regulations 1993 (SI 1993:3228). Services are defined in the rules by exclusion – they do not include contracts of employment or service, works (under the works rules), certain utilities-related services or services concessions. The value threshold is set at SDR 200 000.

As per the works and supply rules, provisions are made for prior information notices above 750 000 ECU for contracts falling to the same category of services. A distinction is made between services (e.g. maintenance and repair of vehicles and equipment, accounting, architectural services, property management services) which are subject to the full tendering procedures and services (e.g. legal, education and vocational, recreational, cultural and sporting services) wh本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。