I want to come back to the Minister’s explanation about the word “appropriate” and it being wide. I understand that there may be reasons why a fully open procurement would not be wanted. Amendment 105 deals with what is appropriate. The Minister raised an issue relating to prototypes. Clause 18(3)(a) states:
“In assessing which tender best satisfies the award criteria, a contracting authority … must disregard any tender from a supplier that soes not satisfy the conditions of participation.”
If it cannot do the prototype, it would be debarred. I think further clarification is required about the Government’s view about an appropriate situation in which a fully open tendering procedure would not be required.