TITLE II

RULES ON PUBLIC CONTRACTS
CHAPTER III

Conduct of the procedure
Section 3

Choice of participants and award of contracts
Subsection 3

Award of the contract

Life-cycle costing
Article 68
1
Life-cycle costing shall to the extent relevant cover parts or all of the following costs over the life cycle of a product, service or works:
a
costs, borne by the contracting authority or other users, such as:
1. costs relating to acquisition,
2. costs of use, such as consumption of energy and other resources,
3. maintenance costs,
4. end of life costs, such as collection and recycling costs.
b
costs imputed to environmental externalities linked to the product, service or works during its life cycle, provided their monetary value can be determined and verified; such costs may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
2
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of those data.
The method used for the assessment of costs imputed to environmental externalities shall fulfil all of the following conditions:
a
it is based on objectively verifiable and non-discriminatory criteria. In particular, where it has not been established for repeated or continuous application, it shall not unduly favour or disadvantage certain economic operators;
b
it is accessible to all interested parties;
c
the data required can be provided with reasonable effort by normally diligent economic operators, including economic operators from third countries party to the GPA or other international agreements by which the Union is bound.
3
Whenever a common method for the calculation of life-cycle costs has been made mandatory by a legislative act of the Union, that common method shall be applied for the assessment of life-cycle costs.
A list of such legislative acts, and where necessary the delegated acts supplementing them, is set out in Annex XIII. The Commission shall be empowered to adopt delegated acts in accordance with Article 87 concerning the update of that list, when an update of the list is necessary due to the adoption of new legislation making a common method mandatory or the repeal or modification of existing legal acts.