4.6 Although Project Companies are private sector organisations and are therefore not required to follow the procedures set out in the EU Procurement Services Directive, the principles of fair and open competition and transparency should still apply. Project Companies should be required to present proposals to the Authority on how they intend to ensure that fair and effective competition is maintained within the market testing exercises. Authorities should ensure that Project Companies comply with the general principles of transparency and equal treatment. Box 4.3 is a summary of these principles.
Box 4.3 - Principles of EU Procurement Directives |
• The procurement must be advertised in an accessible form, e.g. the internet, journals, newspapers and the Official Journal of the European Union (OJEU). |
• It is essential that there is equal access for economic operators from all EU Member States. |
• Conditions imposed on tenderers must not lead to direct or indirect discrimination. |
• The number of organisations invited to tender may be limited, provided that the choice of suitable tenderers is transparent and non-discriminatory and is sufficient to ensure an adequate level of competition. |
• The award decision must be adopted in accordance with the evaluation criteria laid down at the start of the process and with the principles of non-discrimination and equal treatment. |