ABSTRACT
The procurement of goods, services or works by public sector bodies is ruled by the EU treaty, by the EU Directives (Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 and Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 and Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007) and by case law. The aim of the EU procurement rules is to create a single market by removing all discrimination against or in favour of tenderers. The EU procurement rules impose the respect for principles through the procurement process on all public contracts, including those which fall below the relevant thresholds, namely, the principles of transparency, equal treatment, nondiscrimination, mutual recognition and proportionality. Therefore, public sector bodies cannot simply adopt common sense or arbitrary processes when selecting tenderers or evaluating tenders. The EU Directive text and case law on award criteria tries to clarify how the Contracting Authority (CA) should meet the needs of the public concerned and achieve value for money, without disrespecting the above-mentioned principles.
