Article 49 · Qualification list for contracting entities

1.Contracting entities may establish and operate a qualification list. They may award individual contracts based on it.

2.Contracting entities shall publish a public summary of competition pursuant to Article 110 on the existence of the qualification list. They shall ensure that economic operators are at all times able to request to be admitted to the list during its duration indicated in the public summary of competition.

3.Contracting entities shall establish objective rules and criteria for admission of economic operators in the qualification list, and objective criteria and rules for the management of the qualification list, covering matters such as admission, periodic updating of the qualifications, if any, and the duration. They may divide the qualification list into different categories according to the subject-matter of individual contracts based on the qualification list.

4.Rules and criteria for admission to the qualification list shall include the exclusion criteria pursuant to Article 25 and may relate to exclusion criteria pursuant to Article 26, selection criteria pursuant to Article 27 and specifications pursuant to Article 88. Contracting entities shall apply the rules on means of proof in Articles 28, 91 and 92, respectively. Contracting entities shall ensure that the provisions of Title II of this Part are applied for admission to the list and for the award of individual contracts, as applicable.

5.Contracting entities awarding contracts based on a qualification list shall invite economic operators admitted to the qualification list or to the relevant categories thereof to submit a tender. Contracting entities may conduct negotiations pursuant to Article 33 followed by an award pursuant to Article 98, or award the contract without negotiations pursuant to Article 98. They shall publish a public summary of result pursuant to Article 110 regarding each individual contract awarded.

6.The process of admission to the qualification list, and of awarding individual contracts based on the system may be carried out in several successive stages.

7.Any charges that are billed in connection with qualification or with updating or conserving an already obtained qualification shall be proportionate to the generated costs.