Control of the ESPD documentation?
Correct and sufficient documentation of the information contained in an ESPD is essential to the contracting entity in connection with EU procurements. The Competition and Consumer Authority has just released an updated version of their memo on ESPD documentation, including latest practice.
Documentation is a cornerstone of procurement law. In order to ensure efficient enforcement of the procurement rules - and the legal principles of equal treatment, transparency and proportionality in procurement procedures - the documentation in procurement procedures is subject to various requirements. Documentation can prove decisive in choosing the right bidder.
UPDATE PUBLISHED BY THE DANISH COMPETITION AND CONSUMER AUTHORITY
The Danish Competition and Consumer Authority has published an updated version of their "Review of the rules on documentation".
The review contains new sections describing:
- the contracting entity's possibility of discharging the burden of proving exclusion based on the voluntary grounds for exclusion
- documentation of technical and professional capacity
- contracting entity's duty of investigation.
The update also takes into consideration the latest practices in the field. This has resulted in updates e.g. to the following:
- documentation of supporting entities and documentation of availability of supporting entities
- exclusion period for the grounds for exclusion
- self-cleaning as a supplement to "problematic documentation" in terms of substance
- from whom the contracting entity can (and must) demand documentation
- documentation from start-ups and enterprises under formation.
Read the updated memo from the Danish Competition and Consumer Authority (in Danish).
You can hear more about the ESPD and the handling of the associated documentation in our 2-part podcast: What you need to know about the ESPD (in Danish)