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:
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:
qualification and selection of tenderers, and
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.
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.
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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