Proving eligibility: proofs, references, self-declaration

Two kinds of requirements

Before the bids are compared, the contracting authority checks two things. First the participation conditions: complying with workplace safety, terms of employment and equal pay, paying taxes and social security contributions due, no unlawful agreements affecting competition (PPA Art. 26 para. 1). Second the eligibility criteria: whether your company can carry out the contract professionally, financially, economically, technically and organisationally and has enough experience (PPA Art. 27 para. 2).

A bidder who does not meet the eligibility criteria can be excluded (PPA Art. 44 para. 1 let. a).

Which proofs can be required

For procurement by the Confederation, the PPO gives examples of documents and proofs (PPO Art. 4 para. 4 and Annex 3), among them:

• A declaration on workplace safety, terms of employment, equal pay, environmental law and preventing corruption
• Proof of payment of social security contributions and taxes
• Extract from the commercial register and from the debt enforcement register
• Balance sheets and total turnover of the last three financial years
• A bank guarantee or bank declaration
• A certificate of a recognised quality management system
• A list of the most important work of the last five years, and references
• Details on staff, equipment and the training of the people in charge

What applies in the individual case

The contracting authority sets the eligibility criteria exhaustively; they must be objectively necessary for the contract and verifiable (PPA Art. 27 para. 1). Which proofs a tender asks for and which form applies is stated in the tender or the documents. For cantons and communes, the IAPP and their tender apply.

Self-declaration and timing

For the participation conditions, the contracting authority can ask for a self-declaration, a signed statement that you meet them (PPA Art. 26 para. 2). It states in the tender or the documents which proof is due when (PPA Art. 26 para. 3 and Art. 27 para. 3); confirmations may only be due at a later point.

Untrue or misleading statements can lead to exclusion (PPA Art. 44 para. 2 let. a).

References

References show experience with comparable contracts. For the Confederation, the contracting authority can enquire about the value, time and place of the work and ask the client at the time whether the work was done properly (PPO Annex 3 no. 12).

It may not require that you have already won a public contract (PPA Art. 27 para. 4). References from private contracts are therefore not ruled out if they meet the requirements. Ask the contact person of a reference before you name them.

Lists of suppliers

Some contracting authorities keep a list of qualified suppliers (PPA Art. 28 para. 1); being listed can serve as proof of the participation conditions (PPA Art. 26 para. 2). Even without a listing you are admitted if you prove your eligibility in the procedure (PPA Art. 28 para. 4).

Checklist

• Read the eligibility criteria and the list of required proofs first, then decide whether to bid.
• Mind a maximum age if the documents set one, for example for register extracts.
• Order extracts and confirmations well before the deadline.
• Keep references ready with project, client, year, value and work done.
• Plan the proofs of subcontractors as well: the participation conditions apply to them too (PPA Art. 26 para. 1).
• In TEXFY you enter references once and copy them into every bid.