Abstract

FONSECA, Ricardo Prelhaz. The experience and qualifications of the staff assigned to the performance of the contract as an award criteria. e-Pública [online]. 2017, vol.4, n.2, pp.87-120. ISSN 2183-184X.

The admissibility to consider the qualification and experience of the staff assigned to the contract's performance as an award criterion has been the object of a profound discussion that took place within the European Union courts and which led to contradictory decisions. With the goal of bringing this controversy to a halt and eliminate the innumerous uncertainties that encircled the activity of the contracting authorities, Directive 2014/24/EU expressly admitted that, under certain conditions, staff's qualification and experience may be considered as an award criterion. This rule was “transposed” in the recent Public Procurement Code's revision (by DL 111-B/2017, 31.08), but some differences can be found in the text when compared to the Directive's. This article intends to analyse the solutions provided and to take a position on the less clear aspects of the new regimen, particularly, its scope and application conditions as well as its apparent innovative and exceptional nature. Summary:1. Introduction; 2. Distinction between qualification criteria and award criteria in the European Union case law 3. Competition and equality as the reason to separate the qualification and the bidding phases; 4. Qualification and award criteria under the former version of PPC; 5. The experience and qualifications of the staff assigned to the performance of the contract in the directive 2014/24/EU and in the new PPC.

Keywords : “Public contracts”; “Public procurement”; “Selection Criteria”; “Award Criteria”; “Experience of the staff”.

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