Art. 133. General principles for the selection of participants
1. For the purpose of selecting participants in the award procedures, the following rules shall all apply:
a) contracting entities having provided rules and criteria for the exclusion of tenderers or candidates in accordance with Article 135 or Article 136 shall exclude economic operators identified in accordance with such rules and fulfilling such criteria;
b) they shall select tenderers and candidates in accordance with the objective rules and criteria laid down pursuant to Articles 135 and 136;
c) in restricted procedures, in negotiated procedures with a call for competition, in competitive dialogues and in innovation partnerships, they shall where appropriate reduce and in accordance with Article 135 the number of candidates selected pursuant to points a) and b).
3. When a call for competition is made by means of a notice on the existence of a qualification system and for the purpose of selecting participants in award procedures for the specific contracts which are the subject of the call for competition, contracting entities shall:
a) qualify economic operators in accordance with Article 134;
b) apply to such qualified economic operators those provisions of paragraph 1 that are relevant to restricted or negotiated procedures, to competitive dialogues or to innovation partnerships.
4. When selecting participants for a restricted or negotiated procedure, a competitive dialogue or an innovation partnership, in reaching their decision as to qualification or when the criteria and rules are being updated, contracting entities:
a) shall not impose administrative, technical or financial conditions on certain economic operators without imposing them on others;
b) shall not require tests or evidence which are already present in the documentation already available;
5. For the purposes of acquiring information and documentations from candidated economic operators, contracting entities shall use the database referred to in Article 81, or accept self-declaration and require integrations pursuant to Article 85, paragraph 5.
6. Contracting entities shall verify that the tenders submitted by the selected tenderers comply with the rules and requirements applicable to tenders and award the contract on the basis of the criteria laid down in Articles 95 and 97.
7. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with the applicable obligations referred to in Article 30.
8. In open procedures, contracting entities may decide that tenders will be examined before verification of the eligibility of tenderers. This right may be exercised if specifically provided for in the contract notice or in the notice with which the tender is announced. If they make use of this possibility, contracting authorities shall ensure that the verification of the absence of grounds for exclusion and compliance with the selection criteria is carried out impartially and transparently, so that no contract is awarded to a bidder who should have been excluded in accordance with Article 136 or which does not meet the selection criteria established by the contracting authority.
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