Assessment of the auctions’ pre-qualification or award criteria and compliance aspects
Article 16
1. The relevant authorities shall lay down a transparent, objective and non-discriminatory methodology to assess bids against the selected non-price criteria, in particular through a quantitative assessment of the criteria based on a scoring method set up and published in advance of the bidding process. Where a quantitative assessment is not possible, a qualitative assessment of non-price criteria may be provided for if justified by the public policy objectives pursued and if it is designed in a way that mitigates both the administrative burden and the risk of legal challenges. The methodology for the assessment of the bids shall be designed following consultation and collaboration with stakeholders and experts. When the relevant authorities do not have sufficient information to set up the scoring method in advance, the scoring for a given aspect may also be set by reference to the highest bidder for that particular non-price criterion. In that case, measures shall be put in place to limit strategic bidding. 2. All bidders to the auction shall, at the moment of the bid or earlier, commit to comply with the auction requirements and specifications included in their offer. The relevant authorities shall decide at which point in time bidders are required to demonstrate compliance with the non-price criteria, which may take place at different points in time throughout the lifetime of the project, as relevant. 3. With the exception of bidders that qualify as natural persons, companies that are not in the scope of Directive 2013/34/EU as defined in its Articles 19a and 29a and their subsequent modifications and renewable energy communities as defined in Article 2(16) of Directive (EU) 2018/2001, compliance with the criteria referred to in Article 4 shall be assessed against relevant supporting statements assured by independent third parties. Bidders subject to sustainability reporting under Directive 2013/34/EU may present relevant information on how they comply with the requirements of Article 4 by using the format provided therein. 4. Compliance with the criteria referred to in Article 5 shall be assessed by requiring bidders to present a cybersecurity plan of the bidding project and update it on a regular basis during the implementation of the project. 5. Compliance with the criteria referred to in Article 7 shall be assessed by requiring bidders to provide customs documentation in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 35 ) , where available, and other relevant documents demonstrating the origin or place of assembly of the net-zero technology or its main specific components, including invoices or any other means. 6. The relevant authorities using non-price criteria shall ensure they are complied with. 7. The relevant authorities shall require bidders to submit appropriate guarantees to ensure compliance with the criteria covered by this Regulation set in the auction specifications, such as bid bonds, completion bonds and performance bonds. 8. In setting the level of guarantees referred to in paragraph 7, the relevant authorities shall also take into account considerations such as the project costs, the project risks, the project capacity, the value of this capacity for the energy system, the maturity of the technology, the degree of innovation required by the auction, other relevant market conditions and the nature of the infringement. The level of guarantees shall be sufficiently high to deter bidding strategies from pursuing the non-respect of non-price criteria.