Eligibility and selection in public procurement—selection criteria
Produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper
Sustainable Business Toolkit

The following Public Law practice note produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper provides comprehensive and up to date legal information covering:

  • Eligibility and selection in public procurement—selection criteria
  • Brexit impact—public procurement
  • Public procurement reform
  • Eligibility and selection
  • Key documents
  • Requirements for participation
  • Means of proof
  • Capacity of other entities
  • Reducing the number of qualified bidders
  • Right to request clarification for incomplete, erroneous and/or missing information
    • More...

Eligibility and selection in public procurement—selection criteria

A contracting authority cannot award a public contract regulated by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, without following a public procurement process, which incorporates two distinct stages:

  1. •

    qualification and selection of tenderers, and

  2. •

    evaluation of tenders, submitted by shortlisted tenderers

This is the second of two Practice Notes examining the first stage of this process. The first Practice Note looks at mandatory and discretionary exclusion of tenderers from the procurement process, on the basis of criminal convictions, or as a result of circumstances which question their professional honesty, solvency and reliability. See Practice Note: Eligibility and selection in public procurement—exclusion criteria.

This Practice Note looks at how to further down‑select tenderers by evaluating their economic strength and technical/professional ability, concluding with a checklist of the key considerations for assessing eligibility.

Brexit impact—public procurement

The UK public procurement regime derives from EU law, and is therefore impacted by the UK’s withdrawal from the EU and the end of the transition period. For general updates, see: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Public procurement reform

The UK government has published proposals to reform the English public procurement regime. Should these reforms be enacted, the contents of this Practice Note will be affected. For background reading, see News Analysis: Public

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