Regulation 19 Selection of providers in the restricted or negotiated procedures

(1)

A utility using the restricted or the negotiated procedure, with or without a call for competition, shall make the selection of the providers to be invited to tender for or to negotiate the contract on the basis of objective criteria and rules which it determines and which it makes available to providers who request them.

(2)

The criteria which a utility uses for deciding not to select a provider may include the following, namely that the provider—

(a)

being an individual is bankrupt or has had a receiving order or administration order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986^f1, or Article 242 of the Insolvency (Northern Ireland) Order 1989^f2, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;

(b)

being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;

(c)

being a company has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purposes of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of proceedings for any of the above procedures or is the subject of similar procedures under the law of any other state;

(d)

has been convicted of a criminal offence relating to the conduct of his business or profession;

(e)

has committed an act of grave misconduct in the course of his business or profession;

(f)

has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the provider is established;

(g)

has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the provider is established; or

(h)

is guilty of serious misrepresentation in providing information to the utility.

(3)

Without prejudice to the generality of paragraph (1) above the criteria may be based on the need of the utility to reduce the number of providers selected to tender for or to negotiate the contract to a level which is justified by the characteristics of the award procedure and the resources required to complete it.

(4)

For the purposes of assessing a services provider’s technical capacity, a utility may ask that services provider to provide any certificate that the services of the services provider to be provided under the contract conform to BS/EN/ISO 9000 or any certificate of an independent body established in any relevant State conforming to the EN 45 000 European standards series attesting conformity to relevant quality assurance standards based on the EN 29 000 series, or where the services provider has no access to such a certificate, or cannot obtain such a certificate within the relevant time limits, any other evidence of conformity to equivalent quality assurance standards.

(5)

The utility shall take account of the need to ensure adequate competition in determining the number of persons selected to tender for or to negotiate the contract.

Annotations

Footnotes

f1: 1986 c. 45.
f2: S.I. 1989/2405 (N.I. 19).