The procedures for implementing the criteria for judging the offers can be specified in the technical framework given to the candidates to submit an offer.
Rule n ° 1:
The contracting authority is obliged to indicate in the consultation documents the criteria for awarding the contract and their conditions of implementation. In practice, the contracting authority is required to weight the criteria for judging the tenders and to indicate the different elements that will be taken into consideration to score the criterion (the sub-criteria). However, it is not obliged to inform the candidates of the method of rating the offers (CE 23 May 2011, Commune of Ajaccio, n ° 339406- CE 2 August 2011, Syndicat Mixte de la Vallée de l ' Barley Aval, Ref. No. 348711). In this case, the Council of State reminds that the modalities of implementation of the criteria can be specified in the technical framework given to candidates to be able to prepare and submit an offer.
Rule n ° 2:
The contracting authority freely chooses the judging criteria of the tenders according to the object of the contract and its conditions of execution. No criteria are mandatory including the environmental performance criterion.
Rule n ° 3:
The communication of the marks obtained for each criterion and sub-criterion is not sufficient to enable the unsuccessful candidate to determine the concrete reasons which led the contracting authority to estimate, within its wide discretion, that the tender of successful tenderer is qualitatively better than that submitted by the applicant (divergent solution of the Community case-law: TPI 20 October 2011, Alfastar Benelux v. Council of the European Union)