Overview
This regulation sets out rules which the contracting authority may use to impose minimum requirements on candidates to participate in a procurement procedure. The regulation also provides further rules relating to the permitted categories of selection criteria, namely they may only relate to:
(a) suitability to pursue a professional activity
(b) economic and financial standing, and
(c) technical and professional ability.
Objective at this commercial stage
A contracting authority may impose selection criteria in order to limit the number of candidates invited to participate in the procurement process.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that its selection criteria are sufficiently developed by the time it advertises the procurement opportunity to the market and, ensure that all selection criteria comply with the relevant conditions set out in this regulation (i.e. regulation 58)
- consider whether to shortlist the number of candidates invited to participate in the procurement by reference to their: (a) suitability and professional qualifications; (b) economic and financial standing, and; (c) technical and professional ability
- consider whether to use a standard selection questionnaire (SQ) and whether this needs to be tailored to the details of the specific contract opportunity
- publish the requirements for participation at the commencement of the procurement process, ensuring that these requirements are clearly set out in the contract notice and procurement documents.
Legal framework
See also in the Procurement Act 2023:
- Section 22: Conditions of Participation
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
