Non-discriminatory selection criteria

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Presentation transcript:

Non-discriminatory selection criteria a reference to national professional organisations may constitute a breach of the directive (and the Treaty) (C-225/98)

Exclusion of tenderers Lack of financial standing Lack of capacity/ability

The capacity of subsidiaries The tenderer/candidate may rely on the capability and standing of its subsidiary company (C-389/92)

The capacity of a third company The applicant/tenderer may rely on the capacity and standing of another company, provided the company disposes the necessary resources (C-176/98)

Financial standing and capacity assessed by objective criteria proven by relevant information

Economic and financial standing The list of evidence in the directive is not exhaustive. Indemnity insurances, balance sheets, turnover (for a maximum of 3 years). The existing commitments that the tenderer or applicant is contracted for is a relevant criterion (C-27-29/86).

Technical and/or professional capability The list of evidence is exhaustive on works a list of principal deliveries or services/works carried out; etc

Non-discriminatory selection criteria a requirement that a contractor from another MS must have an establishment permit in the state where the work is to be carried out is a breach of the directive (and the Treaty) (C-76/81) a requirement that an architect contractor must have a proof of registration with the association of architects in the state where the contract is to be carried out is an infringement of the directive (C-225/98)

Non-discriminatory selection criteria a reference to national professional organisations may constitute a breach of the directive (and the Treaty) (C-225/98)