Procurement documents

Not unless the subject-matter of the contract justifies it. Technical specifications shall not refer to a specific make or source, a particular process, trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or products. Such a reference is permitted on an exceptional basis, where a sufficiently precise and intelligible description is not possible, and it is accompanied by the words “or equivalent” (regulation 53(8)).

In terms of performance or functional requirements, by reference to standards and other technical references in the order of preference the regulation gives, or by a combination of the two (regulation 53(7)). They shall afford equal access to economic operators and shall not create unjustified obstacles to competition (regulation 53(6)).

Contracting authorities may decide to award a contract in separate lots and may determine their size and subject-matter (regulation 33). Where a tender falls under regulation 9(1)(b), they give an indication of the main reasons for a decision not to subdivide into lots, in the procurement documents or in the individual report (regulation 34).

In the contract notice or in the invitation to confirm interest: the required conditions, which may be expressed as minimum levels of ability, together with the appropriate means of proof (regulation 224).

Yes, in the procurement documents, except where the most economically advantageous tender is identified on the basis of price alone (regulation 239(7)). The weightings may be expressed as a range (regulation 239(8)); where weighting is not possible for objective reasons, the criteria are indicated in decreasing order of importance (regulation 239(9)).

Yes: that the award is subject to the review procedure, with an extract of the relevant part of the appeals process (regulation 16(1)(h)).