Reg. 107 (PCR 2015)
Qualitative selection
In: Procure > Selection stage
Overview
This regulation provides that contracting authorities are required to consider guidance from the Minister for the Cabinet Office when selecting suppliers for procurement procedures. Qualitative selection refers to the processes through which suppliers are chosen to participate in procurement procedures, as well as determining if they should be excluded from participation. The guidance may relate to the use of questionnaires, and the assessment of information relevant to qualitative assessment.
If a contracting authority deviates from the guidance issued under this regulation, and such deviation is considered to be “reportable” in accordance with the relevant guidance, then it must send a report to the Cabinet Office explaining the deviation.
Objective at this commercial stage
When selecting suppliers, contracting authorities must have regard to relevant guidance issued by the Minister for the Cabinet Office. Such guidance may relate to the use of questionnaires, and the assessment of information relevant to qualitative assessment. In certain circumstances, contracting authorities will need to report to the Cabinet Office any deviations from the guidance.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that they have regard to the relevant guidance issued by the Minister for the Cabinet Office when selecting suppliers
- ensure that they adopt, insofar as possible, relevant questionnaires for the purposes of conducting the qualitative assessment
- consider whether it is necessary to report any deviations from the relevant guidance to the Cabinet Office.
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
