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The Utilities Contracts (Scotland) Regulations 2016
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Criteria for qualitative selection
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76.—(1) A utility—
(a)may establish objective rules and criteria for the exclusion and selection of tenderers or candidates; and
(b)if so, must make those rules and criteria available to interested economic operators.
(2) Subject to paragraph (3), where a utility needs to ensure an appropriate balance between the particular characteristics of the procurement and the resources required to conduct it, it may, in restricted procedures, negotiated procedures, competitive dialogues or innovation partnerships, establish objective rules and criteria that reflect that need and enable the utility to reduce the number of candidates that will be invited to tender or to negotiate.
(3) A utility must take account of the need to ensure adequate competition when selecting the number of candidates.
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