Udvælgelses- dan og tildelingskriter ske byggesektor ... - RenProces

A national, regional or local authority, state- and community institutions and public
agency.
Other suppliers, when they get public funding, government subsidy including council
security.
Tenderers, when are they offered part of work in a project for one of the aforementioned
clients.
The public clients are assigning to the EU-directives, when the value of the project is higher
than the threshold value for the EU-directives mentioned in the European Commission’s
Threshold values (2007/C301/01). When the project is lower than the threshold values a public
client is still assigning to the European Commission’s rendering announcement about the
community law, which is used with assignment of contracts, which are not or only partly
covered by the EU-directives (2006/C179/02). In practice this means that The EU-treaty from
1993 at all times shall be followed by the basic rules and principle, which means there have to
be free movement / flow of goods and services, no discrimination and equal treatment,
transparency, proportionality and reciprocal recognition.
The European Commission’s rendering announcement from 2006 means that a public client has
to be careful if not following the EU-directives. In Denmark the consequence of that is taken by
making an amendment to The Danish Tendering Act in December 2007 in a way, so when the
EU-directives are not in force, then the Tendering Act has to be followed. The Danish
Tendering Act is base on the EU-directives and The EU-treaty from 1993.
A summary of the regulations and the legislation is; if you are a private client you can make the
tendering process in a free way or you can choose to follow the EU-directives. If you are a
public client you have to follow the EU-directives, i.e. the EU-directive about utility companies
(2004/17), the EU-directive about procurement (2004/18) and the European Commission’s
rendering announcement about the community law, which is used with assignment of contracts,
which are not or only partly covered by the EU-directives (2006/C179/02). The public client
also has to be aware of national regulations and legislation in the separate EU-countries.
3.3 Use of benchmarking systems/KPI
A way to make the selection and assignment procedure measurable and unambiguous can be to
use a benchmarking system or key performance indicators. If a client chooses some key
performance indicators e.g. personal skills, personal qualifications and technical competencies,
it can be easy just to select the company with the best key performance indicator in those three
fields. This requires key performance indicators which are reliable, unambiguous and objective.
The question is if that sort of key performance indicators can be found in the real world now or
they have to be made before use.
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