S.L. 601.5 Art. 84Rules applicable to the selection of applicants.

(1) For the purpose of selecting participants in their procurement procedures, the following rules shall all apply:

(a) contracting entities having provided rules and criteria for the exclusion of tenderers or candidates in accordance with regulation 164 or regulation 165(1) shall exclude economic operators identified in accordance with such rules and fulfilling such criteria;

(b) they shall select tenderers and candidates in accordance with the objective rules and criteria laid down pursuant to regulations 164 and 165;

(c) in restricted procedures, in negotiated procedures with a call for competition, in competitive dialogues and in innovation partnerships, with an estimated value which falls under regulation 30(b) they shall where appropriate reduce in accordance with regulation 165(2) the number of candidates selected pursuant to paragraph (a) and (b).

(2) When selecting participants for a restricted or negotiated procedure, a competitive dialogue or an innovation partnership, in reaching their decision as to qualification or when the criteria and rules are being updated, contracting entities shall not:

(a) impose administrative, technical or financial conditions on certain economic operators which would not be imposed on others;

(b) require tests or evidence which would duplicate objective evidence already available.

(3) When a call for competition is made by means of a notice on the existence of a qualification system and for the purpose of selecting participants in procurement procedures for the specific contracts which are the subject of the call for competition, contracting entities shall:

(a) qualify economic operators in accordance with the provisions of regulation 169;

(b) apply to such qualified economic operators those provisions of sub-regulation (1) that are relevant to restricted or negotiated procedures, to competitive dialogues or to innovation partnerships.