Article 185. Award criteria.

1. For the award of the contracts referred to in this Title, the granting body uses at least one feasibility project as the basis for the tender. The successful tenderer will prepare the next project level. The concessions are awarded on the basis of objective criteria, such as to ensure an evaluation of the offers in conditions of effective competition in order to identify an overall economic advantage for the granting body. 2. The award criteria are connected to the object of the concession and do not attribute unconditional freedom of choice to the granting body. They include, among others, environmental, social or innovation-related criteria. These criteria are accompanied by requirements that allow the information provided by tenderers to be effectively verified. The granting body verifies the conformity of the offers with the award criteria. 3. The granting body lists the criteria in decreasing order of importance. 4. Notwithstanding paragraph 3, the granting body, if it receives an offer that proposes an innovative solution with an extraordinary level of functional performance that could not have been foreseen by a diligent granting body, may, exceptionally, change the order of the award criteria to take this solution into account. In this case, the granting body informs all bidders about the change in the order of importance and issues a new invitation to submit offers. 5. Before assigning a score to the economic offer, the contracting commission verifies the adequacy and sustainability of the economic-financial plan. 6. The members of the evaluation commissions must be highly qualified and competent. The notice may provide for the redaction of the names of the economic operators who submitted the offer. EFFECTIVE FROM: 1 July 2023


REPORT Article 185 provides that, for the awarding of concession contracts, the granting body uses at least one feasibility project as the basis for the tender, while the successful tenderer prepares...


NEW • Specific relevance is given, in line with the modern reference parameters also taken from the directive, to environmental, social or innovation-related criteria (recital 63). These criteria mus...
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