S.L. 601.7 Art. 42Economic and financial standing.

(1) Proof of the economic operator’s economic and financial standing may, as a general rule, be furnished, inter alia, by one or more of the following:

(a) appropriate statements from banks, or where appropriate, evidence of relevant professional indemnity insurance;

(b) the presentation of balance-sheets or extracts therefrom, where publication of the balance sheets is required under company law in the country in which the economic operator is established;

(c) a statement of the economic operator’s overall turnover and, where appropriate, its turnover in respect of the products, works or services to which the contract relates for the three previous financial years depending on the date on which the economic operator was set up or the economic operator started trading, as far as the information on these turnovers is available;

(2) An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect.

(3) Under the same conditions, a group of economic operators as referred to in regulation 6 may rely on the capabilities of participants in the group or of other entities.

(4) Contracting authorities or entities shall specify, in the contract notice or in the invitation to tender, which references mentioned in sub-regulation (1) have been chosen and which must be provided, and of any others it deems fit.

(5) In the event that a candidate or tenderer is, for any valid reason, unable to provide the references requested by a contracting authority or entity, its economic and financial standing may be substantiated by any other document which the contracting authority or entity considers appropriate.