The option to institute and manage a system for the qualification of the economic operators is available only to Contracting Entities (not to Contracting Authorities). The publication of a notice of the existence of a qualification system can be used by Contracting Entities to launch the tender procedure (or the tender procedures to be conducted within the framework of the qualification system of the notice), i.e. without requirement for publication of a contract notice. The information which must be contained in the notice of the existence of a qualification system are detailed in Annex V of Law 11(1)/2006.
Where the Contracting Entities choose to award a contract (or a series of contracts) through a qualification system, then, after publication of the notice of the system they should maintain a register of the economic operators who have been qualified (based on the procedures foreseen in the notice of existence of the qualification system). This register may distinguish between categories, depending on the types of contracts for which the qualification applies. The qualification of economic operators must be based on objective qualification criteria and rules, which are laid down by the Contracting Entity and are stated in the notice of the system. The qualification criteria and rules may include exclusion criteria (article 51 of Law 12(Ι)/2006) and requirements concerning the economic and financial standing or the technical and professional ability of the economic operators.
The tenderers to participate in a tender procedure conducted through publication of a notice of the existence of a qualification system, must be selected from the candidates who have been qualified on the basis of this system.
When the duration of the qualification system is more than three years, the notice must be published annually, whereas when the duration is less, the initial notice suffices.
The qualification system should allow economic operators to submit a request for qualification at any point in time.