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Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Text with EEA relevance)
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This is the original version (as it was originally adopted).
Proof of the economic operator’s economic and financial standing may, as a general rule, be furnished by one or more of the following references:
appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
the presentation of financial statements or extracts from the financial statements, where publication of financial statements is required under the law of the country in which the economic operator is established;
a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available.
Means providing evidence of the economic operators’ technical abilities, as referred to in Article 58:
the following lists:
a list of the works carried out over at the most the past five years, accompanied by certificates of satisfactory execution and outcome for the most important works; where necessary in order to ensure an adequate level of competition, contracting authorities may indicate that evidence of relevant works carried out more than five years before will be taken into account;
a list of the principal deliveries effected or the main services provided over at the most the past three years, with the sums, dates and recipients, whether public or private, involved. Where necessary in order to ensure an adequate level of competition, contracting authorities may indicate that evidence of relevant supplies or services delivered or performed more than three years before will be taken into account;
an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
a description of the technical facilities and measures used by the economic operator for ensuring quality and the undertaking’s study and research facilities;
an indication of the supply chain management and tracking systems that the economic operator will be able to apply when performing the contract;
where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capacities of the supplier or the technical capacity of the service provider and, where necessary, on the means of study and research which are available to it and the quality control measures it will operate;
the educational and professional qualifications of the service provider or contractor or those of the undertaking’s managerial staff, provided that they are not evaluated as an award criterion;
an indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years;
a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contract;
an indication of the proportion of the contract which the economic operator intends possibly to subcontract;
with regard to the products to be supplied:
samples, descriptions or photographs, the authenticity of which must be certified where the contracting authority so requests;
certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to technical specifications or standards.
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