Conditions of participation

What they assess

Conditions of participation test the supplier, not the relative quality of its tender. Under the Procurement Act 2023 they may concern legal and financial capacity or technical ability to perform the specific contract. They must be a proportionate means of assuring that capacity, having regard to the contract's nature, complexity and cost. The authority must set them out in the tender notice, with supporting detail in the tender documents.

In a competitive flexible procedure, conditions can form an initial pass/fail or scored gate to limit the number of suppliers. A call-off under a framework can also include conditions if the framework explains that this assessment will be used. The Act does not prescribe the PCR's SQ evidence list, so the authority should tell suppliers what proof is needed and when.

Supplier response

Separate compliance evidence from scored method statements. Check minimum turnover, insurance, licences, accreditations, references, personnel and delivery resources against the stated contract and any permitted reliance on associated organisations. Ask whether evidence is required at participation, tender or pre-award stage. Do not inflate a requirement into a higher standard than the notice says, but do not assume a general company capability statement satisfies a specific condition.

For example, a specialist medical-device service may require a particular regulatory authorisation because it is necessary for delivery, while an arbitrary three-times-value turnover test could be disproportionate. The contracting authority decides the condition, but the requirement and assessment method must be transparent. A supplier can remain in a process while working toward a call-off condition in some framework processes, yet it must satisfy it before award.