## Europol Public Information 

change does not make the tender non-compliant with the tender specifications, and the evaluation of award criteria of the originally submitted tender is not modified. 

Subcontracting to subcontractors identified in a tender that was accepted by Europol and resulted in a signed contract, is considered authorised. 

In order to fulfil the selection criteria related to technical and professional capacity or economic and financial capacity a candidate/ tenderer may also rely on the capacities of other entities, regardless of the legal nature of the links it has with them. It must in that case prove that it will have at its disposal the resources necessary for the performance of the contract by producing a commitment letter signed by the authorised representative of such an entity, and the supporting evidence that those other entities have the respective resources. 

If a third party provides the whole or a large part of the financial capacity, the contracting authority may demand that that entity signs the contract, or alternatively, the third party may commit itself to execute the contract jointly and severally with the contractor by providing a letter or intent to that effect. If the third party chooses to sign the contract, then they must meet the exclusion criteria indicated above in point 2.2 and have access to procurement as defined above in point 2.1. 

With regard to the technical and professional capacities, an economic operator may only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required. 

Relying on the capacities of other entities is only necessary when the capacity of the tenderer is not sufficient to fulfil the required minimum levels of capacity. Abstract commitments included in the request to participate/ tender that other entities will put resources at the disposal of the tenderer will be disregarded. 

## 3.3.1. Documentation and information to be provided in case of subcontracting 

The documentation that must be provided is indicated in the Invitation. 

## 3.3.2. Assessment of subcontractors 

In case of subcontracting, the request to participate /tender will be assessed as follows 10 : 

• the exclusion criteria will be assessed in relation to each proposed subcontractor individually; 

• unless otherwise specified in the Invitation, selection criteria for the economic and financial capacity and the selection criteria for the technical and professional capacity will be assessed in relation to the combined capacities of the candidate/tenderer and the subcontractor(s), as a whole, depending on the extent to which the subcontractor(s) will put their resources at the disposal of the candidate/tenderer for the performance of the contract; 

• Compliance with minimum requirements and award criteria will be assessed in relation to the tender. 

During the procurement procedure, if a subcontractor does not meet the exclusion and selection criteria, the contracting authority will request their replacement with a new subcontractor. 

