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 InsightsLatest News
Latest Events
legal updates August 13, 2026 FOS Reform continues at pace – Policy Statement sets out new service reform... legal updates August 12, 2026 Commercially Connected shorts 12 August 2026 legal updates August 12, 2026 UK: Impact of AIFM Reg reform on derivatives and trading relationships legal updates August 11, 2026 Global Sustainability & ESG Insights - July 2026 client news August 13, 2026 Eversheds Sutherland advises H.I.G. Capital on investment in Phoenix ME client news August 13, 2026 Eversheds Sutherland reappointed to the UK's Government Commercial Agency l... firm news August 12, 2026 William A. Nelson, Former Investment Adviser Association Policy Leader, Joi... client news July 30, 2026 Eversheds Sutherland Advises Johnson Matthey on Acquisition of CORMETECH In... virtual Education Webinar - Disability discrimination and reasonable adjustments September 10, 2026 11:00AM - 12:00PM virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Managing AI use in the workplace: what every UK HR team needs to know September 10, 2026 9.30am - 1.00pm (BST) London, United Kingdom virtual Education Webinar - IP commercialisation for education institutions September 16, 2026 11:00AM - 12:00PM |