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Tenders submitted by tenderers not meeting the minimum levels of capacity will be rejected. 

When submitting its tender, each tenderer shall declare on honour that it fulfils the selection criteria for the lots for which it is applying. The model declaration on honour available in Annex VI  shall be used. 

The initial assessment of whether a tenderer fulfils the selection criteria will be done on the basis of the submitted declaration(s). 

The subsections below specify which selection criteria evidence must be provided with the tender or may be requested later, at any time during the procurement procedure. 5 

In any case where there is no ground for a waiver, the evidence must be provided upon request and within a deadline given by the contracting authority. The evidence must be provided in accordance with the applicable basis for assessment of each criterion: in the case of a consolidated assessment — only by the involved entities  who contribute to the fulfilment of the criterion, and in the case of an individual assessment — by each involved entity  to whom the criterion applies individually. 

Before the award decision, the contracting authority  may request documentary evidence on compliance with the selection criteria set out in the present tender specifications. All tenderers are invited to prepare in advance the documents related to the evidence, as they may be requested to provide such evidence within a short deadline. In any event, the tenderer proposed by the evaluation committee for the award of the contract will be requested to provide such evidence. 

Failure to provide valid documentary evidence within the deadline set by the contracting authority  shall lead to the rejection of the tender for the award of the contract, unless the tenderer can justify the failure on the grounds of material impossibility. 

## 4.2.1 Legal and regulatory capacity 

Tenderers must prove that they have legal capacity to perform the contract and the regulatory capacity to pursue the professional activity necessary to carry out the work subject to this call for tenders. 

The legal and regulatory capacity shall be proven by: 

• proof that the tenderer is authorised to perform the contract in its country of establishment. 

This document must be submitted only upon request by EU-OSHA at any time during the procedure. It applies to each member of the group in the case of a joint tender. 

