Contract Award
A contracting authority has discretion to determine what award criteria to apply but criteria must be relevant and proportionate to the requirement. Criteria should allow objective comparison of tenders and there must be a clear methodology to evaluate responses.
Abnormally low bids
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 such as employment, equality or health and safety legislation. 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).
