PART 11Qualifying sub-contracts

Competitive process for single sub-contracts59.

For the purposes of section 28, the award of a contract is the result of a competitive process if—

(a)

the contracting authority either—

(i)

published a notice of intention to seek offers in relation to the provision of goods, works or services; or

(ii)

invited one or more persons other than the sub-contractor, and not associated with the sub-contractor, to negotiate or provide offers in relation to the provision of goods, works or services;

(b)

the contracting authority conducted a transparent and arms-length procurement process;

(c)

the contracting authority used appropriate evaluation criteria to identify the offer made by the sub-contractor as the best offer;

(d)

the material terms of the contract are wholly or substantially the same as that best offer; and

(e)

at the time of making that offer, the sub-contractor did not consider it likely, or could not reasonably have considered it likely, that its offer would be the only offer reasonably capable of acceptance by the contracting authority.