Reg. 60 (PCR 2015)
Means of proof
In: Procure > Selection stage
Overview
This regulation sets out how a contracting authority may require proof that the supplier meets the qualification criteria: i.e. (a) evidence that the supplier does not meet any exclusion grounds, and; (b) that the supplier meets the selection criteria. It also sets out what forms of evidence contracting authorities must accept to demonstrate satisfaction of these qualification criteria.
The regulation also permits a supplier to rely on any appropriate means to prove to the contracting authority that it will have at its disposal the necessary resources for the purposes of regulation 63 PCR 2015 (reliance on the capacities of other entities).
Objective at this commercial stage
The forms of evidence set out in this regulation (i.e. regulation 60) must be accepted by the contracting authority as means of demonstrating that the supplier satisfies the qualification criteria: i.e. (a) evidence that the exclusion grounds are absent, and; (b) that the selection criteria are met.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that any due diligence requests in connection with the qualification criteria (exclusion grounds and selection criteria) do not exceed the requirements as set out in this regulation (i.e. regulation 60)
- ensure that the forms of evidence used to demonstrate that the supplier satisfies the qualification criteria (i.e. exclusion grounds and selection criteria) are consistent with this regulation (i.e. regulation 60).
Legal framework
There is no direct equivalent section in the Procurement Act 2023
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
