Overview
This regulation provides that contracting authorities may require suppliers to provide a test report from a conformity assessment body, or a certificate issued by such a body, as means of proof to demonstrate how they will meet certain requirements set out in the technical specifications, the award criteria or the contract performance conditions.
Where a certificate is required from a specific conformity assessment body, contracting authorities are required to also accept certificates from equivalent conformity assessment bodies.
Where a supplier is unable to obtain a required test report or certificate, the supplier may evidence that the relevant works, supplies or services meet the requirements or criteria by other means (including, for example, a technical dossier of the manufacturer).
Objective at this commercial stage
Where applicable, the procurement documents should include any requirement for suppliers to provide a test report from a conformity assessment body and / or a certificate issued by such a body (including equivalents).
Key considerations at this commercial stage
Contracting authorities should:
- where applicable, ensure that the procurement documents include any requirement for suppliers to provide a test report from a conformity assessment body and / or a certificate issued by such a body
- provide in the procurement documents for suppliers to evidence other means (including, for example, a technical dossier) where they are unable to obtain a test report from a conformity assessment body, or a certificate issued by such a body (or an equivalent), to demonstrate that the relevant works, supplies or services meet the procurement requirements
- ensure that any requirements relating to test reports and / or certificates are applied fairly and consistently to all suppliers, in accordance with the procurement documents.
Legal framework
See also in the Procurement Act 2023:
- Section 23: Award criteria
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
