25. Considers it regrettable that in public procurement procedures often no supporting evidence was given for the tender evaluation committee's assessments of the quality of the bids; considers it regrettable further that the evaluation reports were signed only by the authorising officer responsible and not by all the members of the tender evaluation committee; invites the Agency to put even more effort into the correct documentation of procurement procedures;

25. Considers it regrettable that in public procurement procedures often no supporting evidence was given for the tender evaluation committee's assessments of the quality of the bids; considers it regrettable further that the evaluation reports were signed only by the authorising officer responsible and not by all the members of the tender evaluation committee; invites the Agency to put even more effort into the correct documentation of procurement procedures;

We want to avoid the situation where, when the contract is awarded at the end of the process and the tenders have been compared and it is clear that tender no. 1 is the best in economic terms, no. 2 is worse, no. 3 is even worse than that and no. 4 is the worst of all, there is then another assessment which establishes that one firm is more socially responsible because it employs more disabled people and another more ecological because it has a waste management system, whereupon it is decided, despite the fact that there was another tender which was better in economic terms, to award the contract to the more expensive firm after all.

However, I have one concern with regard to the question of a judgment that is not yet final: we are acting as judge and jury in denying somebody a right to be an applicant for a tender without having a final decision or analysis made as to whether that person is guilty of a crime or not. This is something we must be very careful of.

(105) So that sales can be awarded in response to the greatest possible number of tenders submitted where the proposed prices are deemed satisfactory and the proposed end uses are suitable for developing new industrial outlets for the product, it should be possible, within certain limits, for tenderers who have submitted such tenders to be awarded a replacement lot.

(18) In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly; it is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties - such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusion of new contracts for a certain period), designation of a special representative of the supervisory aut ...[+++]horities responsible for monitoring that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff - in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable time-limit; this should not prejudice the application of any other measure - especially under supervisory law - which may be considered appropriate; however, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed time-limit; the reasoned offer of compensation should be in writing and contain the grounds on the basis of which liability and damages have been assessed.