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Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (recast)
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1.The ECB shall award the contract to the tenderer that submitted the most economically advantageous tender.
2.Unless otherwise provided in this Decision, the most economically advantageous tender is identified on the basis of one of the following options:
the price or costs only,
the best price-quality ratio, or
quality only, the relevant price or cost for the products, works and services tendered being fixed.
3.The price or cost element shall, to the extent relevant, take account of life-cycle costs such as costs relating to acquisition, use, maintenance and end-of-life of products, works and services. Costs relating to environmental externalities linked to products, works and services during their life cycle may also be considered. Prices and costs shall be considered only if they can be determined and verified.
4.The best price-quality ratio shall be assessed on the basis of criteria, including qualitative, environmental and/or social aspects linked to the subject matter of the contract, such as:
(a)quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social, environmental and innovative characteristics and trading and the conditions thereof;
(b)organisational structure, qualifications and experience of staff assigned to perform the contract, where staff quality can have a significant impact on the level of performance of the contract; or
(c)after-sales service and technical assistance, delivery conditions such as delivery date, delivery process and delivery period, or period of completion.
5.All of the award criteria shall be linked to the subject matter of the contract which may include the different stages involved in the life cycle of the products, works or services tendered such as the processes of production, provision or trading thereof.
6.The contract notice or the invitation to tender or, in the case of a competitive dialogue, the request for a proposal, shall specify how the most economically advantageous tender shall be identified pursuant to paragraph 2.
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