S.L. 601.7 ст. 39Verification of the suitability and choice of participants and award of contracts.

(1) Contracts shall be awarded on the basis of the criteria laid down in regulations 48 and 50, taking into account regulation

20, after the suitability of the economic operators not excluded under regulations 40 or 41 has been checked by contracting authorities or entities in accordance with the criteria of economic and financial standing, of professional and technical knowledge or ability referred to in regulations 42 to 47 and, where appropriate, with the non-discriminatory rules and criteria referred to in sub-regulation (3).

(2) Contracting authorities or entities may require candidates to meet minimum capacity levels in accordance with regulations 42 and 43 and the extent of the information referred to in regulations 42 and 43 and the minimum levels of ability required for a specific contract must be related and proportionate to the subject-matter of the contract. These minimum levels shall be indicated in the contract notice.

(3) In restricted procedures, negotiated procedures with publication of a contract notice and competitive dialogues, contracting authorities or entities may limit the number of suitable candidates they will invite to tender or with which they will conduct a dialogue. In this case:

(a) the contracting authorities or entities shall indicate in the contract notice the objective and non-discriminatory criteria or rules they intend to apply, the minimum number of candidates they intend to invite and, where appropriate, the maximum number. The minimum number of candidates they intend to invite may not be less than three;

(b) subsequently, the contracting authorities or entities shall invite a number of candidates at least equal to the minimum number set in advance, provided a sufficient number of suitable candidates is available.

(4) Where the number of candidates meeting the selection criteria and the minimum levels of ability is below the minimum number, the contracting authority or entity may continue the procedure by inviting the candidate or candidates with the required capabilities.

(5) If the contracting authority or entity considers that the number of suitable candidates is too low to ensure genuine competition, it may suspend the procedure and re-publish the initial contract notice in accordance with regulations 31(2) and 33, fixing a new deadline for the submission of requests to participate. In this case, the candidates selected upon the first publication and those selected upon the second shall be invited in accordance with regulation 35. This option shall be without prejudice to the ability of the contracting authority or entity to cancel the ongoing procurement procedure and launch a new procedure.

(6) In the context of an award procedure, the contracting authority or entity may not include economic operators other than those which made a request to participate, or candidates without the requisite capabilities.

(7) Where the contracting authorities or entities exercise the option of reducing the number of solutions to be discussed or of tenders to be negotiated, as provided for in regulations 27(6) and 28(4), they shall do so by applying the award criteria stated in the contract notice or the contract documents. In the final stage, the number arrived at shall make for genuine competition insofar as there are enough solutions or suitable candidates.

Section 2 Criteria for qualitative selection