S.L. 601.3 Art. 61Award.

(1) Contracts with an estimated value which falls within regulation 9(1)(a) shall be awarded on the basis of criteria laid down in accordance with regulations 239 and 240 provided that the authority responsible for the tendering process has verified in accordance with regulations 230, 231, 232 and 233 that all of the following conditions are fulfilled:

(a) the tender complies with the requirements, conditions and criteria set out in the procurement documents; and

(b) the tender is submitted by a tenderer that is not excluded in accordance with Part VI and that meets the selection criteria set out by the contracting authority in accordance with regulation 217.

(2) Contracts with an estimated value which falls under regulation 9(1)(b) shall be awarded on the basis of criteria laid down in accordance with regulations 239, 240 and 243 provided that the authority responsible for the tendering process has verified in accordance with regulations 225, 230, 231, 232 and 233 that all of the following conditions are fulfilled:

(a) the tender complies with the requirements, conditions and criteria set out in the contract notice or the invitation to confirm interest and in the procurement documents, taking into account, where applicable, regulations 33 to 37;

(b) the tender is submitted by a tenderer that is not excluded in accordance with Part VI and that meets the selection criteria set out by the contracting authority in accordance with regulation 217 and, where applicable, the non-discriminatory rules and criteria referred to in regulation 237.