Art. 91. Reduction in the number of otherwise qualified candidates to invite to participate

1. In restricted procedures, competitive procedures with negotiation, competitive dialogue procedures and innovation partnerships, contracting authorities may, where the difficulty or complexity of the work, supply or service so requires, limit the number of candidates meeting the selection criteria and that shall be invited to tender or to conduct a dialogue, provided the minimum number, in accordance with paragraph 2, of qualified candidates is available.

2. When making use of this possibility, contracting authorities or contracting entities shall indicate, in the contract notice or in the invitation to confirm interest, the objective and non- discriminatory criteria, according to the principle of proportionality, that they intend to apply, the minimum number of candidates they intend to invite and, where appropriate because of justified reasons of good administration, the maximum number. In the restricted procedure the minimum number of candidates shall not be less than five. In the competitive procedure with negotiation, in the competitive dialogue and in the innovation partnership the minimum number of candidates shall not be less than three. In any event the number of candidates invited shall be sufficient to ensure genuine competition. The contracting authorities or contracting entities shall invite a number of candidates at least equal to the minimum number. However, where the number of candidates meeting the selection criteria and the minimum levels of ability as referred to in Article 83 is below the minimum number, the contracting station may continue the procedure by inviting the candidates with the required capabilities. The contracting station shall not include in the same procedures other economic operators that did not request to participate, or candidates that do not have the required capabilities.