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Add Tender.selectionCriteria field #1120

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jpmckinney opened this issue Nov 17, 2020 · 6 comments · Fixed by #1237
Closed

Add Tender.selectionCriteria field #1120

jpmckinney opened this issue Nov 17, 2020 · 6 comments · Fixed by #1237
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Schema: Fields Relating to adding or deprecating fields in the JSON Schema
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@jpmckinney
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Split from #901

This issue is about adding selection criteria to the Tender object. There is already an extension: https://extensions.open-contracting.org/en/extensions/selectionCriteria/master/schema/

We can consider merging this extension into OCDS (it also extends the Lot object, so a note should be added to #891 if we do merge this extension). As part of that, we can consider modifying the extension.

@jpmckinney jpmckinney added the Schema: Fields Relating to adding or deprecating fields in the JSON Schema label Nov 17, 2020
@jpmckinney jpmckinney added this to the 1.2.0 milestone Nov 17, 2020
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@jpmckinney
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This issue is paused until we confirm whether we want separate fields for exclusion grounds and selection criteria, or just one field for all participation conditions: #901 (comment)

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jpmckinney commented Dec 17, 2020

MAPS glossary defines:

Term Definition
Capability The skills-based ability for an individual, group or organisation to meet obligations and objectives; also referred to as “know-how”.
Capacity The ability to meet obligations and objectives based on existing administrative, financial, human and infrastructure resources.

UNCITRAL glossary defines:

ID Term Definition Reference
29 Examination Ascertainment of qualifications of suppliers or contractors and responsiveness of their submissions against the criteria specified in the solicitation documents. The process is on a “pass/fail” basis and does not involve comparison of submissions as in evaluation. For the explanation of the terms “supplier or contractor”, “submission”, “solicitation document” and “evaluation”, see # 27 above and ## 85, 83 and 80 below. N/A
66 Qualification criteria Criteria used by the procuring entity in ascertainment of eligibility of suppliers or contractors to participate in the procurement proceedings, as specified in the pre-qualification or pre-selection documents where applicable and in the solicitation documents. For the explanation of the terms “pre-qualification documents” and “pre-selection documents”, see ## 54 and 56 above. For the explanation of the terms “supplier or contractor” and “solicitation document”, see ## 85 and 80 below. substantives criteria to be taken into account to assert the contractor’s qualifications (directive 2004/17/EC, articles 52 to 54, and directive 2004/18/EC, articles 45 to 52)

EBRD glossary lists:

UNCITRAL Model Law Terms Description Notes Others in use or similar Terms
Examination Assessment of whether tenders are responsive Consideration of responsiveness (various)
Qualification criteria Criteria to determine which suppliers can participate Selection criteria (EU)

@ColinMaudry ColinMaudry linked a pull request Mar 8, 2021 that will close this issue
ColinMaudry added a commit that referenced this issue Mar 9, 2021
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jpmckinney commented Mar 18, 2021

Directive 2014/24/EU: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0024 Article 58 (Selection criteria)

  1. Selection criteria may relate to:
    (a) suitability to pursue the professional activity;
    (b) economic and financial standing;
    (c) technical and professional ability.

    Contracting authorities may only impose criteria referred to in paragraphs 2, 3 and 4 on economic operators as requirements for participation. They shall limit any requirements to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the technical and professional abilities to perform the contract to be awarded. All requirements shall be related and proportionate to the subject-matter of the contract.

  2. 3. 4. [Specific examples for each type of criterion]

  3. Contracting authorities shall indicate the required conditions of participation which may be expressed as minimum levels of ability, together with the appropriate means of proof, in the contract notice or in the invitation to confirm interest.

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@ColinMaudry Is this issue closed now that #1237 is merged?

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Nevermind, I see "Closes #1120" in the PR description.

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