S.L. 601.5 Art. 169System of qualification for economic operators.

(1) Contracting entities which so wish, after obtaining the written prior approval of the Director, may establish and operate a system of qualification of economic operators.

(2) Contracting entities which, after having obtained the prior written approval of the Director, establish or operate a system of qualification shall ensure that economic operators are at all times able to request qualification.

(3) The qualification system may involve different qualification stages.

(4) Contracting entities shall establish objective rules and criteria for the exclusion and selection of economic operators requesting qualification and objective criteria and rules for the operation of the qualification system, covering matters such as inscription in the system, periodic updating of the qualifications, if any, and the duration of the system.

(5) Where those criteria and rules include technical specifications, the provisions of regulations 76 to 78 shall apply. The criteria and rules may be updated as required.

(6) The criteria and rules referred to in sub-regulations (3) to

(5) shall be made available to economic operators on request. Those updated criteria and rules shall be communicated to interested economic operators.

(7) Where a contracting entity considers that the qualification system of certain other entities or bodies meets its requirements, it shall communicate to interested economic operators the names of such other entities or bodies.

(8) When a call for competition is made by means of a notice on the existence of a qualification system, specific contracts for the works, supplies or services covered by the qualification system shall be awarded by restricted procedures or negotiated procedures, in which all tenderers and participants are selected among the candidates already qualified in accordance with such a system.

(9) Any charges that are billed in connection with requests for qualification or with updating or conserving an already obtained qualification pursuant to the system shall be proportionate to the generated costs.

(10) Where contracting entities choose to set up a qualification system in accordance with this regulation, the system shall be the subject of a notice as referred to in Schedule 20, indicating the purpose of the qualification system and how to have access to the rules concerning its operation.

(11) Contracting entities shall indicate the period of validity of the qualification system in the notice on the existence of the system. They shall notify the Publications Office of the European Union of any change in period of validity, using the following standard forms:

(a) where the period of validity is changed without terminating the system, the form for notices on the existence of qualification systems;

(b) where the system is terminated, a contract award notice referred to in regulation 65.

(12) A written record of qualified economic operators shall be kept; it may be divided into categories according to the type of contract for which the qualification is valid.

Award of Contract