Annex 1  specifies which of the involved entities  participating in a tender need to provide the Declaration on Honour and, when requested by the Contracting authority, the supporting evidence. 

Please note that a request for evidence in no way implies that the tenderer has been successful. 

## 3.2. Selection criteria 

The objective of the selection criteria is to assess whether the tenderer has the legal, regulatory, economic, financial, technical and professional capacity to perform the contract. 

The selection criteria for this call for tenders, including the minimum levels of capacity, the basis for assessment and the evidence required, are specified in the following subsections. 

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

When submitting its tender each tenderer shall declare on honour (model Declaration on Honour available in Annex 2  shall be used) and provide the required evidence that it fulfils the selection criteria for the call for tender. 

The evidence must be provided in accordance with the applicable basis for assessment of each criterion: in case of a consolidated assessment – only by the involved entities  who contribute to the fulfilment of the criterion, and in case of individual assessment – by each involved entity  to whom the criterion applies individually 8 . 

## 3.2.1. 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 the evidence listed below: 

• Proof of enrolment in a relevant trade or professional register 

Proof of authorisation that the tenderer is authorised to perform the contract in its country of establishment 

- if the same documents have already been provided in a previous award procedure of the ECHA, have been issued no more than one year before the date of their request by the Contracting authority  and are still valid at that date; 

- if such evidence can be accessed by the Contracting Authority  on a national database free of charge, in which case the economic operator shall provide the Contracting authority  with the internet address of the database and, if needed, the necessary identification data to retrieve the document; 

- if there is a material impossibility to provide such evidence. 

8  The obligation to provide the supporting evidence will be waived in the following situations: 

- if the same documents have already been provided in a previous award procedure of the ECHA, have been issued no more than one year before the date of their request by the Contracting authority  and are still valid at that date; 

- if such evidence can be accessed by the Contracting Authority  on a national database free of charge, in which case the economic operator shall provide the Contracting authority  with the internet address of the database and, if needed, the necessary identification data to retrieve the document. 

