Criteria for selection of economic operators
27.—(1) A utility using the open procedure must 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, must 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 must 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 must 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.