Abstract

The application of quality criteria is but a subsequent step on the road of popularizing non-price criteria in public procurement. It is a manifestation of striving at improving the quality and effectiveness of public procurement, in line with the new EU directives. Contracting authorities have considerable liberty in specifying the detailed criteria, their weights, as well as the manner of evaluating their fulfilment. The selection and use of quality criteria must not, however, challenge the principle of equal treatment, non-discrimination, competitiveness and transparency of the procedure. The right choice of the most favourable tender is possible only when the contracting authority correctly weighs in casu the importance and relations between individual criteria. Biased proportions (the weight is too big or too small) may easily lead to a situation whereby a criterion will have no impact on the selection of a tender or as “over-representative” will result in the selection of a highly priced tender. In an extreme case, it may even contribute to invalidation of the procedure.