Pre-qualification and selection questionnaires
Produced in partnership with Katherine Calder of DAC Beachcroft

The following Public Law practice note produced in partnership with Katherine Calder of DAC Beachcroft provides comprehensive and up to date legal information covering:

  • Pre-qualification and selection questionnaires
  • Brexit impact—public procurement
  • Pre-qualification and selection under EU public procurement law
  • Single procurement Document (SPD)
  • Exclusion grounds
  • Self-cleaning
  • Economic and financial standing
  • Technical and professional ability
  • Corporate arrangements of potential suppliers
  • Payment systems and supply chain management
  • More...

Pre-qualification and selection questionnaires

This Practice Note considers the qualification process of suppliers tendering to deliver public contracts under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For background reading, see Practice Note: Introduction to public contracts procurement.

Contracting authorities must exclude potential suppliers from participation in a public procurement exercise if they do not comply with certain conditions of probity (mandatory exclusion grounds under PCR 2015, reg 57(1)–(7)). They may exclude potential suppliers if other conditions relating to probity are not met (discretionary exclusion grounds under PCR 2015, reg 57 (8)).

A contracting authority will then establish further objective rules and minimum (ie pass/fail) criteria for participation relating to suppliers’ economic and financial standing and/or technical and professional ability. These are referred to as the ‘selection criteria’. Selection criteria may be used under all procurement procedures under PCR 2015, including the open procedure.

Under the procedures listed below, it is common and permitted for contracting authorities to also evaluate and score performance against such selection criteria, rank suppliers in order of performance and thereby limit the number of potential suppliers that are invited to submit bids for the relevant public contract. The number of suppliers who will be invited to tender as a result of this shortlisting must be set out in the original advertisement and minimum numbers apply depending upon the procedure used. This

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