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

4. Conclusions
The case about the district heating plant is a project where all the practising parties were content
with the process. But the consulting engineer part and the building were performed as a private
project which means the process did not followed the rules of the EU-directives.
The machine part’s selection and assignment process followed the rules in the EU-directives
about utility companies with negotiation (2004/17). All the parties were content with the
process, but the client used much more time on the machine part’s selection and assignment
process compared to the consulting engineer part and the building part (Faber Ussing, L., 2009).
The consulting engineer part’s and the building part’s selection and assignment process were
done with much less paperwork and in a shorter time than the process for the machine part
(Faber Ussing, L., 2009). But the processes did not follow the rules in the EU-directives.
If the rules have to be followed as the rules in the EU-directives are construed today, the client
has to run a real prequalification in the consulting engineer part. The process has to follow the
transparency principle and the equal treatment principle and this also means that a consulting
engineer who has composed a part of the tender documents is not allow to make an offer for the
project. (Klagenævnet for udbud, 2009)
The client could have settled the problem if another consulting engineer, one who did not make
an offer on the project, had composed the tender documents. Next the assignment criteria have
to be put up in a way were they are measurable and unambiguous and they also have to be
weighed against each other.
Neither did the building part follow the rules. If the client also here wants to follow the rules of
the EU-directives he had to make a real prequalification. Subsequent there has to be a
competitive bidding where the client has to compose a tender document including some
weighed assignment criteria. (Klagenævnet for udbud, 2009)
If the rules of the EU-directives have to be followed in a case such as the little heating plant the
implication of this is that the client will have more paperwork and has to use more time for the
selection and assignment process. (Faber Ussing, L., 2009)
The rules from The European Union from 1993 about the tendering process were composed to
strengthen the public sector and thus the interest of the society. The requests from 1993 were
among other things to get rid of local agreements. Local agreements existed which under
existing laws were corruption. Those agreements discouraged other tenderers from giving an
offer for the projects. The requests were to ensure that all interested tenderers from all over the
European Union have the opportunity to make an offer. This has to be ensured by rules which
are measurable and unambiguous for all the bidders, and the public client should be ensured the
lowest price as well. (Klagenævnet for udbud, 2009)
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