The following Local Government practice note produced in partnership with Deborah Ramshaw of Hempsons provides comprehensive and up to date legal information covering:
This Practice Note focusses on award criteria and the different types of evaluation methodologies that can be used by authorities to select the winning bid in a public procurement process, subject to the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).
To begin, it is very important that authorities bear in mind the difference between selection and award criteria when conducting competitive procurements under the PCR 2015.
These relate to the bidder and are generally backward looking. They relate to whether a bidder can perform a particular contract. The selection criteria that can be used by authorities are set out as an exhaustive list in the PCR 2015. Authorities must be certain that their selection criteria fall within the permitted criteria in the PCR 2015. See regulations 57 and 58.
For further reading on eligibility and selection, see Practice Notes: Eligibility and selection in public procurement—exclusion criteria and Eligibility and selection in public procurement—selection criteria.
These relate to the bid and are generally forward looking. They relate to how a bidder will perform the contract. The award criterion that can be used by authorities is the most economically advantageous tender (MEAT)—the MEAT criteria are set out as a non-exhaustive list in regulation 67. Lowest price alone as an award criterion is not permitted under the PCR 2015.
In all cases (selection
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