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The Utilities Contracts (Scotland) Regulations 2006
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- Scottish Statutory Instruments
- 2006 No. 2
- PART 4
- Regulation 27
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Changes and effects yet to be applied to Regulation 27:
- Regulations revoked by S.S.I. 2012/89 reg. 48 Sch. 5 Pt. A
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
- reg. 6(p) inserted by S.I. 2011/1848 Sch. 4 para. 4(4)
- Part 9 (regs 45 - 46) appl (mod) by S.S.I. 2010/390 reg 6
- reg. 34(5)(e)(iii)(aa) words substituted by S.I. 2011/2053 reg. 30(2)(d)
- regs 45A - 45C added (with transtl provns) by S.S.I. 2009/428 regs 4 5
- 19 am (with transtl provns) by S.S.I. 2009/428 regs 4 5
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Regulations revoked by S.S.I. 2012/89 reg. 48 Sch. 5 Pt. A
- reg. 6(p) inserted by S.I. 2011/1848 Sch. 4 para. 4(4)
- reg. 34(5)(e)(iii)(aa) words substituted by S.I. 2011/2053 reg. 30(2)(d)
- regs 45A - 45C added (with transtl provns) by S.S.I. 2009/428 regs 4 5
Criteria for selection of economic operatorsS
This section has no associated Executive Note
27.—(1) A utility using the open procedure shall establish selection criteria on the basis of objective criteria and rules which it determines and which it makes available to economic operators which request them.
(2) A utility using the restricted procedure or the negotiated procedure, with or without a call for competition, shall make the selection of the economic operators 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 economic operators which request them.
(3) Where the criteria referred to in paragraphs (1) and (2) include requirements relating to the economic and financial capacity or the technical or professional abilities of the economic operator–
(a)the economic operator, or a group of economic operators as referred to in regulation 28 may rely on the capacity or abilities of other entities or members in the group, regardless of the legal nature of the link between the economic operator or the group of economic operators and the other entities; and
(b)the economic operator, or the group of economic operators shall prove to the utility that the resources necessary to perform the contract will be available to it, and such proof may in particular include an undertaking from those entities to that effect.
(4) Without prejudice to the generality of paragraph (2), the criteria may be based on the need of the utility to reduce the number of economic operators 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.
(5) The utility shall take account of the need to ensure adequate competition in determining the number of economic operators selected to tender for or to negotiate the contract.
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