The legislation lays down rules for the 'qualification' and selection of candidates for inclusion in a tender exercise. These fall into three general areas:
- There are grounds for the exclusion of a tenderer from the taking part in a public contract. These can be thought of as 'qualification' criteria. The grounds are stated in the legislation and any tenderer in an open procedure, or applicant to one of the other procedures, must 'pass' these if it is to be considered further in the procurement process.
- The candidate's economic and financial standing, and
- The candidate's technical capacity to fulfil the requirements of the contract. This can include consideration of quality assurance standards, environmental management standards and their inclusion in Official Lists (where the Member State operates such lists. The UK does not currently operate this type of list).
The minimum criteria must be stated in the contract notice published in the OJEU and/or in the contract documentation.
It is important that selection and award criteria are not confused and used at the wrong stage of the tendering process. A contracting authority cannot take account of a tenderer's experience, manpower, equipment or ability to perform the contract by an anticipated deadline (which are selection criteria relating to capability) as part of the award criteria. Such criteria should only be taken into account at pre-qualification stage.
Note: the minimum number of tenderers must be stated in the contract notice in the two-stage procedures and are as follows:
- 5 for the Restricted procedure (and a maximum of 20)
- 3 for the Competitive dialogue procedure
- 3 for the Negotiated procedure (with a call for competition)
There should be sufficient tenderers invited to submit tenders to ensure genuine competition.
For further information please refer to the OGC web site for information on
- OGC Procurement Policy Note Selection and Award Criteria PPN 04/09 29 Apr 09
- Selection Stage
- Financial Supplier Appraisal
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