What to document when relying on the competence of one or more economic actors to prove that one’s qualified?

Should the tenderer deliver only the documentation relevant to proving the fulfilment of the qualification criteria? I.e. the documentation for a specific technical capability criterion, if the tenderer relies on another economic actor for that criterion.

The answer is yes and can firstly be founded in the principle of proportionality. If the procuring entity requires more documentation than necessary, it would not be in line with this principle.

Secondly, it can be deduced from the principle of equal treatment. It would be relatively more difficult for smaller companies, like SMBs, to qualify for the contest, if each of the companies the SMB relied on would have to document fulfilment of all the qualification criteria.

We can also see that the answer from these two deductions is supported by the purpose of effectivity.  



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