Abstract

The quality of a service provided on the basis of an executed public procurement contract is of fundamental importance for contracting authorities, especially in the context of efficient public procurement. The quality criteria for selecting the most advantageous tender are particularly justified when the contracting authority is unable to provide a detailed description of the subject of the contract through minimum parameters or requirements. Under the binding provisions of the Public Procurement Law, the criteria for evaluating tenders cannot concern the qualities of the contractor, particularly those of its economic, technical or financial credibility. However, under the quality criteria, the contracting authority may give preference to the people appointed to perform the contract having certain qualifications and experience, if that may have a significant influence on the quality of the contract performance. It is therefore permissible to evaluate specific members of the contractor’s staff, as long as it is directly related to the subject matter of the contract and serves to ensure quality.