Vastaus
15/08/2019
The question of eligibility to participate in the tendering procedure is discussed in section 2.1.1 of the TS and refers to whether a tenderer (including any member of a consortium) has access to the market. Access to the market and the eligibility to participate in the tendering procedure does not concern sub-contractors. If the EEA during the procurement procedure finds a sub-contractor in an exclusion situation, e.g. in case of bankruptcy (section 2.2.1 of the TS), or rejects a sub-contractor for not complying with a selection criteria applicable to him/her, e.g. if a sub-contractor has conflicting professional interests (see section 2.2.2 of the TS), the EEA will not reject the tenderer/consortium from the procurement procedure, if there is no impact on the capacity to execute the contract and on the tender. In order to make this assessment, the following three conditions must be fulfilled: 1. Whether the new sub-contactor (if any) is not in an exclusion situation; 2. Whether the tenderer still fulfils the selection criteria (with the new sub-contractor if any) and whether the new sub-contractor fulfils the selection criteria applicable to him/her; 3. Whether the change in sub-contracting does not entail a substantial change in the tender. Should the EEA want to reject a sub-contractor, it will notify the tenderer and ask whether and by whom the tasks assigned to the sub-contractor in question will be taken over (new sub-contractor or consortium member) and will inform of the conditions above.