Discretion to stipulate selection criteria in a procurement competition
February 02, 2023
Discretion to stipulate selection criteria in a procurement competitionFebruary 02, 2023
A recent decision of the High Court in Northern Ireland has confirmed the entitlement of contracting authorities to set technical and professional ability standards as a pre-requisite for admission to a dynamic shortlisting system (“DSS”). In an application for judicial review, the applicants (a chartered architectural technologist and the President of the Chartered Institute of Architectural Technologists) challenged the contracting authority’s decision to require that consultants applying for admission to the DSS had to include an architect within their teams. The applicants argued that the services required were within the professional competence and qualification of chartered architectural technologists and that by requiring that only architects could fulfil the role of lead consultant, the authority had narrowed the field of potential tenderers for the DSS. Humphreys J held that whilst an authority could not use selection criteria to artificially narrow competition, it could set standards by which technical and professional ability could be measured: “The Court of Justice of the European Union has regularly stated that contracting authorities enjoy a discretion in relation to the technical and professional ability standards fixed by any given procurement competition…It is frequently the case that a particular professional qualification is required in order to qualify for inclusion in a competition for an award of a professional services contract. This is entirely permissible provided it relates and is proportionate to the subject matter of the contract”. Acknowledging that all selection criteria serve to narrow the pool of potential tenderers in a competition, the judge stressed that this was not anti-competitive; rather, it was the exercise of the authority’s discretion to set requirements for participation. See In the matter of an application by Eddie Weir and the Chartered Institute of Architectural Technologists for Judicial Review For more information, please contact:Latest Insights
Latest News
Latest Events
legal updates October 09, 2026 The UK Government signals reform of non-compete clauses legal updates October 08, 2026 Same Rules; Different Routes: How Europe Is Rewriting Product Liability legal updates October 08, 2026 The Commercial Payments Bill: Practical Implications for Commercial Contrac... legal updates October 07, 2026 EU: Proposed KIDS Act Targets Online Child Safety firm news October 07, 2026 Faster deals, deeper diligence: AI is transforming the legal landscape of M... firm news October 05, 2026 Leading finance partner joins Eversheds Sutherland firm news October 01, 2026 Eversheds Sutherland Switzerland appoints Dr. Michael Faske as new Partner client news September 21, 2026 All change: Eversheds Sutherland advises DfT on Chiltern Railways transitio... virtual Immigration UK – Right to work and compliance masterclass October 15, 2026 9.30am - 12.30pm (GMT) Virtual virtual Education Webinar - Under the microscope – conducting successful employee i... October 15, 2026 11:00AM - 12:00PM virtual German employment law training October 20, 2026 2pm - 5pm (GMT) Virtual virtual Education Webinar - An overview of apprenticeship agreements October 21, 2026 11:090PM - 12:00PM |