Article 28Means of proof of the eligibility of economic operators
(a)absence of exclusion grounds pursuant to Articles 25 and 26;
(b)compliance with selection criteria pursuant to Article 27.
Where the economic operator relies on the capacities of other entities pursuant to Article 23 or proposes to make use of subcontractors in the execution of the contract pursuant to Article 24, the economic operator shall also provide the information referred to in the first subparagraph for those entities through the electronic eligibility service.
2.Where the electronic eligibility service provides for an automated verification of the existence of an exclusion ground or compliance with a selection criterion, public buyers shall use that verification for their decision on eligibility.
3.Economic operators shall use the digital business credential tool as provided for in Article 133. Where an economic operator does not have access to that tool or where the relevant evidence is not available through that tool, the economic operator shall declare, through the electronic eligibility service, whether it complies with the requirements set out for exclusion grounds and the selection criteria and whether it would be able to submit the required evidence (self-declaration). In that case, the public buyer may, at any time during the procedure, require evidence that is not available through the electronic eligibility service where it is necessary for the assessment of the public buyer’s requirements.
4.Economic operators shall indicate their country of origin, in accordance with Article 74, in the electronic eligibility service referred to in Article 133. If required for applying requirements under Article 73(2), economic operators shall indicate the country of origin of the goods that compose their tender, incorporating it, where applicable, into the digital product passport of the goods pursuant to Regulation (EU) 2024/1781. Where public buyers conduct a procurement procedure by applying one or more measures set out in Part III, Title II, Chapter 5, they may, at any time during the public procurement procedure, request the economic operator to supplement, clarify or complete information or documentation related to the verification of the origin of the economic operator, or the goods, services or works offered, provided that such requests comply with the principles of equal treatment and transparency. Where the economic operator fails to provide the information or documentation referred to in the third subparagraph, without reasonable explanation, and thereby prevents the verification of the origin by a public buyer or makes such verification practically impossible or very difficult, the economic operator, or the tender it has submitted, may be excluded from participating in the public procurement procedure concerned.