art_25__para

1 . THE CRITERIA ON WHICH THE CONTRACTING AUTHORITY SHALL BASE THE AWARD OF CONTRACTS SHALL BE : ( A ) EITHER THE LOWEST PRICE ONLY ; ( B ) OR , WHEN THE AWARD IS MADE TO THE MOST ECONOMICALLY ADVANTAGEOUS TENDER , VARIOUS CRITERIA ACCORDING TO THE CONTRACT IN QUESTION : E.G . PRICE , DELIVERY DATE , RUNNING COSTS COST-EFFECTIVENESS , QUALITY , AESTHETIC AND FUNCTIONAL CHARACTERISTICS , TECHNICAL MERIT , AFTER-SALES SERVICE AND TECHNICAL ASSISTANCE . 2 . IN THE LATTER INSTANCE , THE CONTRACTING AUTHORITIES SHALL STATE IN THE CONTRACT DOCUMENTS OR IN THE CONTRACT NOTICE ALL THE CRITERIA THEY INTEND TO APPLY TO THE AWARD WHERE POSSIBLE IN DESCENDING ORDER OF IMPORTANCE . 3 . THE ITALIAN " ANONYMOUS ENVELOPE " PROCEDURE MAY BE RETAINED FOR A PERIOD OF THREE YEARS FOLLOWING EXPIRY OF THE TIME LIMIT LAID DOWN IN ARTICLE 30 . 4 . PARAGRAPH 1 SHALL NOT APPLY WHEN A MEMBER STATE BASES THE AWARD OF CONTRACTS ON OTHER CRITERIA WITHIN THE FRAMEWORK OF RULES EXISTING AT THE TIME THIS DIRECTIVE IS ADOPTED , WHOSE AIM IS TO GIVE PREFERENCE TO CERTAIN TENDERERS , ON CONDITIONS THAT THE RULES INVOKED ARE COMPATIBLE WITH THE TREATY . 5 . IF , FOR A GIVEN CONTRACT , TENDERS ARE OBVIOUSLY ABNORMALLY LOW IN RELATION TO THE GOODS TO BE SUPPLIED , THE CONTRACTING AUTHORITY SHALL EXAMINE THE DETAILS OF THE TENDERS BEFORE DECIDING TO WHOM IT WILL AWARD THE CONTRACT . FOR THIS PURPOSE IT SHALL REQUEST THE TENDERER TO FURNISH THE NECESSARY EXPLANATIONS AND , WHERE APPROPRIATE , IT SHALL INDICATE WHICH PARTS IT FINDS UNACCEPTABLE . 6 . THE RESULT OF THE EXAMINATION REFERRED TO IN PARAGRAPH 5 SHALL BE TAKEN INTO ACCOUNT WHEN THE CONTRACT IS AWARDED . 7 . IF THE DOCUMENTS RELATING TO THE CONTRACT PROVIDE FOR ITS AWARD AT THE LOWEST PRICE TENDERED , THE CONTRACTING AUTHORITY MUST JUSTIFY THE REJECTION OF TENDERS WHICH IT CONSIDERS TO BE TOO LOW TO THE ADVISORY COMMITTEE FOR PUBLIC CONTRACTS . TITLE V FINAL PROVISIONS

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.