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Non-discriminatory selection criteria

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 .

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Non-discriminatory selection criteria

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

  2. Exclusion of tenderers • Lack of financial standing • Lack of capacity/ability

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

  4. 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)

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

  6. 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).

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

  8. 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)

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

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