Reg. 111 (PCR 2015)

Assessing suitability etc

In: Define > Sourcing strategy

Overview

This regulation provides that, other than in specific circumstances, a contracting authority must not include a pre-qualification stage in a below-threshold procurement.

The specific circumstances include where the subject matter of a below-threshold procurement opportunity constitutes:

  • a public works contract or a public services contract (for social and other specific services listed in schedule 3 PCR 2015) procured by a central government authority, where the value of the contract is over the value set out in regulation 5(1)(b) (threshold amounts), or
  • a public works contract or a public services contract (for social and other specific services listed in schedule 3 PCR 2015) procured by a sub-central contracting authority, where the value of the contract is over the value set out in regulation 5(1)(c) (threshold amounts).

Regulation 111 does permit contracting authorities to ask suppliers questions aimed at assessing suitability for the contract, however only where the questions are relevant and proportionate to the subject matter of the procurement.

Objective at this commercial stage

When designing a below-threshold procurement process, consideration should be given as to whether a pre-qualification stage will be permitted in accordance with this regulation (i.e. regulation 111).

Key considerations at this commercial stage

Contracting authorities should:

  • consider whether a pre-qualification stage will be permitted in accordance with this regulation (i.e. regulation 111)
  • ensure that any questions asked of suppliers, insofar as they are aimed at assessing suitability, are relevant and proportionate to the subject matter of the procurement
  • consider any guidance issued by the Minister for the Cabinet Office in relation to this regulation.

See also in the Procurement Act 2023:

  • Section 85: Regulated below-threshold contracts: procedure
  • Section 86: Regulated below-threshold contracts: duty to consider small and medium-sized enterprises

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements
Read the regulation

This applies to