PART 4MISCELLANEOUS OBLIGATIONS

CHAPTER 7ADDITIONAL RULES FOR PART 2 PROCUREMENTS

Qualitative selection107

1

Contracting authorities shall have regard to any guidance issued by the Minister for the Cabinet Office in relation to the qualitative selection of economic operators.

2

In this regulation, “qualitative selection” means the processes by which, in accordance with regulations 57 to 65, contracting authorities—

a

select economic operators to participate in procurement procedures; and

b

decide whether to exclude economic operators from such participation.

3

Such guidance may, in particular, relate to—

a

the use of questionnaires for the purposes of qualitative selection, including the avoidance of burdensome, excessive or disproportionate questions;

b

the assessment of information relevant to qualitative assessment.

4

Where a contracting authority conducts a procurement in a way which represents a reportable deviation from the guidance issued under this regulation, the contracting authority shall send to the Cabinet Office a report explaining the deviation.

5

For that purpose, something is a reportable deviation only if it falls within criteria laid down for that purpose in guidance issued under this regulation.