European Single Procurement Document – ESPD Directive 2014/24/EU Meeting of the Commission Government Experts Group on Public Procurement 2 and 3 July 2014 Claudio Romanini DG Internal Market and Services Unit C3

ESPD – General Context  European Single Procurement Document  European Procurement Passport  Two possible approaches:  extreme simplification ("I should not be excluded and I meet the selection criteria"), or  sufficiently exhaustive to allow contracting authorities to base their decisions on the ESPD, without systematic requests for underlying documentation (except of "winning" tenderer)

ESPD – Legal Context 1  "updated self-declaration as preliminary evidence in replacement of certificates … confirming that the … economic operator …":  does not fall within an exclusion cause (or, if he does, has taken self-cleaning measures;  meets the relevant selection criteria;  where applicable, it fulfils the objective rules and criteria to reduce the number of participants in 2-stage procedures.  "Where the economic operator relies on the capacities of other entities …, the ESPD shall also contain the information … in respect of such entities."  "The ESPD shall consist of a formal statement … that the relevant ground for exclusion does not apply and/or that the relevant selection criterion is fulfilled and shall provide the relevant information as required …" by the c. a.

ESPD – Legal Context 2  "The ESPD shall further identify the …responsible for establishing the supporting documents and contain a formal statement …that the economic operator will be able … to provide those supporting documents."  "Where the contracting authority can obtain … documents directly by accessing a database …, the EPSD shall also contain the information required for this purpose, such as the internet address …, … identification data and … declaration of consent".  "Economic operators may reuse an ESPD …, provided that they confirm that the information …continues to be correct."  Art. 71(5)3 rd subpar.: "Where necessary for the verification of exclusion grounds for sub-contractors , the required information shall be accompanied by the subcontractors' self-declarations as provided for in Article 59."

ESPD – envisaged approach Two stage approach 1.The contracting authority indicates (mainly by "ticking" the relevant boxes): which exclusion criteria it intends to apply which selection criteria it intends to apply for the given procurement which objective rules and criteria, if any, it intends to apply to limit the number of participants which proof would be needed (if requested) 2.The economic operator completes the relevant fields, often in "yes/no" form, at times also by indicating more substantial information (e. g. the actual figure(s) of its (relevant) turn-over, description of self-cleaning measures or list of main works/supplies/services)

Contact European Commission Directorate General Internal Market and Services Directorate C: Public procurement, Unit C 3