Call for tenders' details
Status
Submission date
03/02/2022
Answer date
09/02/2022
Language
Status
Answered
Question details
Subject
Capacity-providing entities (undertakers) – Preparation of the “DECLARATION ON HONOUR ON EXCLUSION AND SELECTION CRITERIA”
Question
Our question relates to points (b) (on the economic/financial criterion), (c) (on the technical criterion) and (d) (on the professional criterion) of Section VII – SELECTION CRITERIA , in the “DECLARATION ON HONOUR ON EXCLUSION AND SELECTION CRITERIA”. Our understanding is that capacity-providing entities (undertakers) are not required to fulfill the selection criteria, as they simply lend their necessary capacities to a consortium member, which effectively absorbs them. Therefore, it is the consortium member who will select “YES” (in case it fulfills individually the criteria, thanks to its capacity combined to those of its undertaker) while the capacity-providing entity itself has to select “N/A” at points (b) (on the economic/financial criterion), (c) (on the technical criterion) and (d) (on the professional criterion). Could you confirm this interpretation?
Answer
09/02/2022
Thank you for your interest in this procedure. As indicated in point 16 of the “additional information” document available in the “documents’ library” of this procedure “the selection criteria will be applied to the consortium as a whole” which is reflected in point f. and g. of section VII of the “declaration on honour on exclusion and selection criteria” that must be filled in only by the consortium leader/sole tenderer. As indicated in the same section of the declaration, the table with points a) b), c), d) and e) of the declaration should be filled in by all consortium members/subcontractors/capacity providing entities. Additionally, please be reminded that point 16 also states that if an economic operator relies on capacity providing entities: - “the data for this third entity for the relevant selection criterion should be included in a separate document.” - Such entities [… ] must respect the same rules of eligibility and notably that of nationality as the economic operator relying on them and must comply with the selection criteria for which the economic operator relies on them.” - It [the economic operator] must prove to the contracting authority that it will have at its disposal the resources necessary for the performance of the contract by producing a commitment by those entities to place those resources at its disposal.” and that - Proof of the capacity will also have to be provided when requested by the contracting authority. Finally, as indicated in point 7. Grounds for exclusion of the same document: capacity providing entities and subcontractors must confirm that they are not in any of the exclusion situations.