BS EN 17371-1 pdf free download

BS EN 17371-1-2021 pdf free download.Provision of services Service procurement. Guidance for the assessment capacity service providers and evaluation proposals.
5.2 Legal capacity criteria
5.2.1 Purpose
The objective of legal capacity criteria is to ensure that a provider’s organization is legally incorporated, to assess its ability to enter into contracts and to evaluate its capacity to pursue the professional activity necessary to carry out the specific service(s) being provided.
As such, buyers should determine whether the provider:
— is incorporated in the companies register and/or a trade or professional register in its country if applicable (e.g. VAT number);
— complies with the legal requirements within the jurisdiction in which it is operating, for example:
payment of social security contributions, taxes, etc.;
Buyers should also check whether it has been established by a final judgement that the provider – or its defacto or dejure directors – is guilty of any of the following such as:
— participation in a criminal organization;
— corruption, collusion;
— fraud;
— terrorist-related offences or otTences linked to terrorist activities;
— money laundering;
— any other disqualifying factors.
NOTE In public procurement this is referred to as exclusion grounds.
Buyers should also determine that the provider is not subject to insolvency or winding up procedures and that its defacto or de jure directors are not disqualified or have not filed for personal bankruptcy.
5.2.2 Evidence
5.2.2.1 General
Providers may be requested to submit documents to demonstrate their ability to satisfy the criteria relating to their legal capacity to carry out a relevant activity such as:
— official certificate or third party documentation issued within the last three months to confirm that the provider’s company has been legally incorporated;
— tip-to-date certificate issued by the organization (in the CEN member country) responsible for collecting social security contributions for salaried employees and self-employed persons;
— up-to-date certificate confirming that the provider is in compliance with its tax obligations;
— extract from the judicial record issued within the last three months for the director(s) and also the economic operators.
If CEN member countries or the country concerned does not issue some of the means of proof listed above, or where such means of proof do not specify all the cases stipulated in Subclause 5.2.1. they may be replaced by a declaration on oath or, in CEN member countries where there is no provision for a
declaration on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary, or a competent professional or trade body in the CEN member country or country of origin of the provider, or the CEN member countries or country in which the provider is established.
5.2.2.2 Public procurement: self declaration
Any bidders in a public procurement process are required to fill out the European Single Procurement Document (ESPD). This document is a self-declaration of financial status, abilities and suitability of the bidder for a public procurement procedure.
The self-declaration of the succesful bidder shall be checked by the buyer.
NOTE Most of the EU countries have at least one ESPD service available and more Information can be found
about those services and contact points.
5.3 Economic and financial capacity criteria
5.3.1 Purpose
The objective is to assess a provider’s economic and financial capacity to deliver the services to be provided.
5.3.2 Evidence
Providers should be required to provide financial information, normally for no more than the last three financial years depending on their date of registration, such as:
— income statement (or extracts of the income statement) for the last year for which accounts have been closed;
— accounting balance sheet (or extracts of the balance sheet) for the last year for which accounts have been closed, where publication is required by law;
— statement of overall turnover and, if applicable, turnover for the area(s) of activity relating to the services to be provided, typically for no more than the last three financial years depending on the date of creation;
— valid insurance certificate covering its liability relating to the service(s) to be provided.BS EN 17371-1 pdf download.