The scoring methodology, weightings and contract award criteria must be clearly defined in the procurement documents to ensure transparency of the process and a common understanding by all bidders of how tender responses will be evaluated and scored. They must be proportionate to the works, supplies or services that are the subject-matter of the contract.
Criteria must allow objective comparison of tenders and not discriminate against or favour potential contractors. There must be a clear methodology to evaluate responses.
Regulation 19(4) of PC(S)R 2015 places a legal obligation on a public body to include relevant clauses in their contracts to ensure those they contract with comply with environmental, social and employment law obligations.
Regulation 57(2) of PC(S)R 2015 allows a public body to reject bids that do not comply with applicable obligations in the fields of environmental, social, and labour law established by national law, collective agreements or by the international environmental, social, and labour laws.
Regulation 69(5) of PC(S)R 2015 places a legal obligation on a public body to reject bids that have been found to be abnormally low because they do not comply with applicable obligations in environmental, social, or labour law.
Where a bid appears to be abnormally low, a public body must require the bidder to explain its pricing. This can include an explanation of how the bid will maintain compliance with relevant environmental, social and employment laws. The bid must be rejected if it is established that it is abnormally low because it does not comply with relevant environmental, social and employment law including collective agreements (regulation 69(5) of the PC(S)R 2015).
The Annex includes examples of wording that may be used for this purpose.
Supporting guidance has been issued, which includes contract conditions that contracting authorities can adapt for use in their contracts.
