44.—(1) In the sub-contract notice, the successful economic operator must indicate the criteria for qualitative selection prescribed by the contracting authority, as well as any other criteria it will apply for the qualitative selection of sub-contractors.
(2) All the criteria for qualitative selection prescribed must be objective, non-discriminatory and consistent with the criteria applied by the contracting authority for the selection of the economic operators for the main contract and the capabilities required must be directly related to the subject of the sub-contract, and the levels of ability required must be commensurate with it.
(3) The successful economic operator is not to be required to sub-contract if it proves to the satisfaction of the contracting authority that—
(a)none of the sub-contractors participating in the competition or their proposed bids meets the criteria indicated in the sub-contract notice; and
(b)the failure to meet the criteria would prevent the successful economic operator from fulfilling the requirements set out in the main contract.