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
The contracting authority must shortlist suitable candidates to participate in the procurement based on the selection criteria set out in the procurement documents.
Key considerations at this commercial stage
Contracting authorities should:
- apply the selection criteria set out in the procurement documents when shortlisting candidates to participate in the procurement
- ensure that all selection criteria comply with the relevant conditions set out in this regulation (i.e. regulation 58).
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
