Overview
This regulation provides that contracts must be awarded based on the award criteria, after the contracting authority has verified that the tender complies with requirements, conditions, and criteria set out in the contract notice and procurement documents.
Contracting authorities may choose not to award a contract to the most economically advantageous tender if it does not comply with environmental, social, and labour laws established by national law, collective agreements, or international agreements.
In open procedures, contracting authorities may examine tenders before verifying exclusion grounds and selection criteria, but must ensure that such verification is carried out in an impartial and transparent manner to prevent contracts from being awarded to ineligible tenderers. If information or documentation is incomplete or erroneous, contracting authorities may request clarification from suppliers provided that this is conducted in accordance with the principles of equal treatment and transparency.
Objective at this commercial stage
Contracts must be awarded on the basis of the award criteria set out in the contract notice and procurement documents; subject to verification that the tender complies with all requirements, conditions, and criteria, including the grounds for exclusion and selection criteria.
Key considerations at this commercial stage
Contracting authorities should:
- award the relevant contract(s) to the most economically advantageous tender, assessed against the award criteria as set out in the contract notice and procurement documents
- verify that the successful tender complies with the requirements, conditions, and criteria set out in the contract notice and procurement documents
- only award a contract where a tenderer is not a supplier that should have been excluded under regulation 57 (Exclusion grounds) and also meets the selection criteria
- consider whether it would be appropriate not to award a contract to the supplier that has submitted the most economically advantageous tender if the tender does not comply with environmental, social, and labour laws.
Legal framework
See also in the Procurement Act 2023:
- Section 19: Award of public contracts following a competitive tendering procedure
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
