Article 27Selection criteria
1.Where public buyers decide to make use of selection criteria, they shall lay down such criteria in accordance with the conditions in this Article.
2.Selection criteria shall only relate to:
(a)technical and professional ability within the meaning of paragraphs 4, 5 and 6;
(b)legal, economic and financial standing within the meaning of paragraph 7.
3.Public buyers shall limit any requirements to those that are appropriate to ensure that an economic operator has the legal, economic and financial capacities and the technical and professional abilities to perform the contract to be awarded. All requirements shall be related and proportionate to the complexity of and the risks associated with the subject-matter of the contract.
4.When justified by the subject-matter of the contract, public buyers may require economic operators to be enrolled in one of the professional or trade registers established in the country where the economic operator conducts its main activity. In procurement procedures for services, insofar as economic operators are required to hold a particular authorisation or to be members of a particular organisation in order to be able to perform in their country of origin the service concerned, the public buyer may require them to prove that they hold such authorisation or membership. Certified registration on official lists by the competent bodies or a certificate issued by the certification body shall constitute a presumption of compliance with regard to the requirements set out pursuant to this paragraph.
5.Any references to qualifications or qualification levels included in selection criteria shall mention the European Qualifications Framework levels set out in Annex II to Council Recommendation of 22 May 2017.
6.Public buyers may impose requirements ensuring that economic operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality standard. Unless justified due to the complexity of the contract or the nature of the subject-matter, public buyers shall not require prior experience in public contracts as a condition for participation in the procurement procedure. A public buyer may assume that an economic operator does not possess the required professional abilities where:
(a)the public buyer has established by appropriate means that the economic operator has conflicting interests which may negatively affect the performance of the contract; or
(b)the public buyer has been made aware by appropriate means that the economic operator presents a security concern for a Member State or the Union as a whole.
7.Public buyers may require economic operators to satisfy any of the following criteria:
(a)to have an appropriate minimum yearly overall turnover;
(b)to have an appropriate minimum turnover in the area covered by the contract;
(c)to provide information on their annual accounts, including on the ratios between assets and liabilities;
(d)to have an appropriate level of professional indemnity insurance.
The minimum turnovers referred to in the first subparagraph shall not exceed 50 % of the estimated annual contract value, except in duly justified cases such as relating to the special risks attached to the nature of the works, services or supplies. The public buyer shall indicate the main reasons for such a requirement in the procurement detail. Information from the annual accounts may be taken into consideration only where the public buyer has specified the methods and criteria for such consideration in the procurement detail. Such methods and criteria shall be transparent, objective and non-discriminatory.
8.Information that can be determined from existing national databases established by a public body, or from the registration on official lists or certifications shall not be questioned without sufficient justification.