Part 3: Award of public contracts and procedures Chapter 4: Award under frameworks Section 46: Frameworks: competitive selection process
Section 46 sets out the rules governing a competitive selection process under a framework.
	Subsection (1) allows a contracting authority to set conditions of participation as part of the competitive selection process. These are similar to conditions of participation used in the award of a public contract (see section 22 (Conditions of participation)) without a framework (i.e. under a competitive tendering procedure) and are permitted as long as they are a proportionate way of ensuring suppliers on the framework have the legal and financial capacity or technical ability to perform the contract to be awarded under the framework. Subsections (3) to (6) set out the matters to be taken into account in determining whether a condition is proportionate and the rules that apply to conditions of participation.
	Subsection (2) defines a "condition of participation" in this section as a condition that a supplier must meet in order to be awarded a public contract under a framework.
	Subsection (3) prohibits contracting authorities from setting certain conditions of participation when seeking to ensure that suppliers have the legal and financial capacity to perform contracts to be awarded under a framework. Subsection (3)(a) prohibits contracting authorities from requiring the provision of audited annual accounts from suppliers that are not required by the Companies Act 2006 or an overseas equivalent to have their accounts audited (for example small companies) Subsection (3)(b) prohibits contracting authorities from requiring insurance relating to the performance of the contract to be awarded under the framework to be in place before the award. This allows suppliers that are not legally required to have their accounts audited to provide alternative evidence of financial capacity and allows suppliers to commit to having insurance in place at award.
	Subsection (4) makes it clear that whilst conditions of participation can relate to qualifications, experience or technical ability, to ensure fair treatment of suppliers and equality of opportunity, they cannot require suppliers to have previously been awarded a contract under the framework or require that they have previously been awarded a contract by a specific contracting authority; contravene the rules on technical specifications in section 56 (technical specifications); or require particular qualifications without allowing for equivalents.
	Subsection (5) defines what is meant by conditions of participation being proportionate, which is that they are commensurate to the nature, complexity and cost of the contract to be awarded under the framework.
	Subsection (6) permits a contracting authority to require evidence that is verifiable by a third party to satisfy a condition of participation, e.g. certification to an "ISO standard".
	Subsection (7) allows a contracting authority to exclude a supplier from participating in, or progressing as part of, the competitive selection process under the framework if it does not satisfy a condition of participation.
	Subsection (8) states that a competitive selection process under a framework may provide for the assessment of proposals, but that this must only be by reference to one or more of the award criteria against which tenders were assessed when the framework was awarded.
	Subsection (9) allows for the award criteria to be refined when assessing proposals under subsection (8). Subsections (8) and (9) ensure that proposals can be assessed against some or all of the award criteria that were used when awarding the framework whilst allowing for those award criteria to be refined, but prevent the use of different award or substantially altered award criteria.
	Subsection (10) defines a "competitive selection process" as a competitive selection process for the award of a public contract in accordance with a framework.
	Subsection (11) states that this section does not apply where the framework is a light touch contract (see section 9).