Regulation 54. Criteria for qualitative selection of subcontractors

(1) In the subcontract notice, the successful tenderer shall indicate the criteria for qualitative selection prescribed by the contracting authority or entity, as well as any other criteria it will apply for the qualitative selection of subcontractors. All these criteria shall be objective, non-discriminatory and consistent with the criteria applied by the contracting authority or entity for the selection of the tenderers for the main contract. The capabilities required must be directly related to the subject of the subcontract, and the levels of ability required must be commensurate with it.

(2) The successful tenderer shall not be required to subcontract if it proves to the satisfaction of the contracting authority or entity that none of the subcontractors participating in the competition or their proposed bids meet the criteria indicated in the subcontract notice and thereby would prevent the successful tenderer from fulfilling the requirements set out in the main contract.