Evidence

The contracting entity can request evidence of professional authorisation and professional reliability as well as evidence of financial and economic capacity and evidence of technical capacity from undertakings participating in a procurement procedure.

Professional authorisation and professional reliability

Applicants or tenderers can also prove their authorisation, reliability and capacity by submitting a declaration that they meet the eligibility criteria requested by the contracting entity and can immediately provide the specified evidence upon request (self-declaration). Such a declaration must state the trader’s specific authorisations. The undertaking can also provide this evidence of authorisation and reliability through proving its entry in a relevant, generally accessible directory if this can be called up directly by the contracting entity itself. If the documents requested by the contracting entity cannot be provided for good reason, the authorisation and reliability can also be demonstrated by other documents with the same informative value. Evidence of the same informative value must be provided to the contracting entity upon request.

Documents required

Evidence of the existence of the relevant authorisation:

• In accordance with the regulations of the undertaking’s country of origin
  • Certificate of entry in the relevant professional or commercial register of the country of origin or
  • Submission of the relevant certification or statutory declaration
• In the case of a service contract
  • Submission of the authorisation required in the undertaking’s country of origin for performing the service in question or
  • Certificate regarding the membership of a certain organisation required in the undertaking’s country of origin for performing the service in question
• The contracting entity also has to obtain information about the applicants, tenderers and their subcontractors in consideration for the awarding of the contract from the administrative penalty register of the Austrian health insurance fund as competence centre for combating wage and social dumping (LSDB competence centre) in accordance with section 35 of the Lohn- und Sozialdumping-Bekämpfungsgesetzes (LSD-BG), with regard to whether they have received a legally binding penalty in accordance with section 28 paragraph 1 (1) of the AuslBG or section 28 or 29 LSD-BG. This information may not be more than six months old.

Evidence of professional reliability:

• Non-existence of grounds for exclusion proven by:
  • Extract from a professional or commercial register or
  • Penal record or
  • Equivalent certificate from a judicial or administrative authority stating that these grounds for exclusion do not apply
  • Latest account statement from the competent social security institution or
  • Latest arrears certificate from the competent financial authority or
  • Equivalent documents from the competent authorities of the undertaking’s country of origin

In order to assess the professional reliability, the contracting entity must obtain information from the central administrative penalty register of the Federal Ministry of Finance in accordance with section 28b Ausländerbeschäftigungsgesetz (AuslBG), BGBl. I Nr. 218/1975, and information from the administrative penalty register of the LSDB competence centre in accordance with section 7n AVRAG in order to determine whether a legally binding penalty in accordance with section 28 paragraph 1 (1) AuslBG or section 7i paragraph 4 or 5 AVRAG has been received. This information may not be more than six months old.

If a penalty has been received, the tenderer must demonstrate that he/she has implemented specific technical, organisational or personnel measures capable of preventing repetition of the behaviour that led to the penalty.

Financial and economic capacity

The undertaking can also provide the evidence of financial and economic capacity through proving its entry in a relevant, generally accessible directory if this can be called up directly by the contracting entity itself. If the evidence requested by the contracting entity cannot be provided for good reason, the financial and economic capacity can also be demonstrated by other evidence with the same informative value considered suitable by the contracting entity.

Documents required

Evidence of financial and economic capacity:

• Corresponding bank declaration (credit report)
• Evidence of corresponding professional liability insurance
• Submission of balance sheets or balance sheet extracts, where their disclosure is required by law in the undertaking’s country of origin
• Declaration of the joint and several liability of subcontractors with regard to the contracting entity if the undertaking relies on the capacities of subcontractors to prove its financial and economic capacity
• Declaration of the total turnover and, where appropriate, of the turnover for the area of activity into which the award in question falls, for no more than the last three financial years or for a shorter period of activity if the undertaking has not yet existed that long

If the documents requested by the contracting entity cannot be provided for good reason, the financial and economic capacity can be demonstrated by other documents considered suitable by the contracting entity. In any case, the following are to be regarded as suitable evidence:

• Information on the number of staff employed
• Information about company participations
• Information on capital resources, fixed assets, real estate

In order to demonstrate capacity, an undertaking can rely on the capacities of other undertakings in respect of a given contract, regardless of the legal nature of the links between those undertakings. In this case, the undertaking must provide evidence that the funds that have been demonstrated to the extent required by the other undertakings are also actually available for the performance of the contract.

Technical capacity

Documents required

Evidence of services provided (references):

• Name and registered office of the service recipient as well as name of the information person
• Value of the service
• Time and place of the service provision
• Indication of whether the service was carried out professionally and properly

Evidence of technical capacity in the case of supply contracts:

• List of key deliveries made in the last 3 years.
• Description of the technical equipment, the undertaking’s quality assurance measures and the undertaking’s study and research facilities.
• Information about the technical specialists or the technical bodies, regardless of whether or not they are affiliated to the undertaking, and in particular about those who are responsible for quality control.
• Samples, descriptions and photographs of the products to be delivered, the authenticity of which must be demonstrable at the request of the contracting entity.
• Certificates issued by competent institutes or official bodies for quality control, confirming that the goods precisely identified by corresponding references meet specific specifications or standards.
• In the case of goods to be delivered which are complex in nature or goods to be delivered which, by way of exception, are intended to serve a particular purpose, a check which is carried out by the contracting entity or, on behalf thereof, by a competent official body in the undertaking’s country of origin. This check concerns the production capacities and, if necessary, the study and research facilities of the undertaking as well as the precautions it takes for quality control.
• In the case of supply contracts for which laying or installation work is required, certification that the trader has the professional competence, expertise and experience required for laying or installation work.

Evidence of technical capacity in the case of construction contracts:

• List of construction work performed in the last 5 years.
• Information about the technical specialists or the technical bodies, regardless of whether or not they are affiliated to the undertaking, and in particular about those who are responsible for quality control or those which the company will have available for the performance of the construction project.
• Evidence of training and certificates concerning the professional competence of the trader and the managers of the undertaking, in particular the persons responsible for carrying out the work.
• In the case of construction work of a nature justifying a corresponding request by the contracting entity, the details of the environmental management measures that the undertaking may wish to apply when performing the contract.
• Declaration stating which general equipment, construction equipment and technical equipment the undertaking will have available for the performance of the contract.
• Declaration stating the annual average number of people employed by the trader in the last 3 years and the number of managers in the last 3 years.
• Certification that the trader has the professional competence, expertise and experience required to perform the construction work.

Evidence of technical capacity in the case of service contracts:

• List of key services provided in the last 3 years.
• Description of the technical equipment, the undertaking’s quality assurance measures and the undertaking’s study and research facilities.
• Information about the technical specialists or the technical bodies, regardless of whether or not they are affiliated to the undertaking, and in particular about those who are responsible for quality control.
• In the case of services which are complex in nature or services which, by way of exception, are intended to serve a particular purpose, a check which is carried out by the contracting entity or, on behalf thereof, by a competent official body in the undertaking’s country of origin. This check concerns the technical capacity and, if necessary, the study and research facilities of the undertaking as well as the precautions it takes for quality control.
• Evidence of training and certificates concerning the professional competence of the trader and the managers of the undertaking, in particular the persons responsible for providing the services.
• In the case of services of a nature justifying a corresponding request by the contracting entity, the details of the environmental management measures that the undertaking may wish to apply when performing the contract.
• Declaration stating which general equipment, devices and technical equipment the undertaking will have available for the performance of the contract.
• Declaration stating the annual average number of people employed by the trader in the last 3 years and the number of managers in the last 3 years.
• Indication of which parts of the contract the trader may intend to subcontract.
• Certification that the trader has the professional competence, expertise and experience required to provide the service.

Legal Basis

• Bundesvergabegesetz 2018 (BVergG 2018)
• Ausländerbeschäftigungsgesetz (AuslBG)
• Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG)
• Lohn- und Sozialdumping-Bekämpfungsgesetz (LSD-BG)