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Reliance on third-party capacity (Art 63)
What wins points
A detailed, verifiable disclosure of third‑party capacities satisfies ESPD (Art 59) and award‑criterion (Art 63), showing the economic operator can meet performance requirements and improving technical evaluation scores.
What gets bids disqualified
Missing or insufficient third‑party details, or lack of supporting evidence, triggers exclusion grounds (Art 57) and ESPD rejection (Art 59), leading to immediate disqualification.
Evaluator's view
Evaluators first check that every listed third‑party entity is accompanied by proper evidence (contracts, licences, guarantees) before assessing overall capacity suitability.
Reliance on third‑party capacity (Art 63)
What this is
A concise template to disclose any reliance on external entities for resources, equipment or services that the economic operator will need to fulfil the contract.
When you need it
Use whenever the tender documentation asks for evidence of third‑party capacities, e.g. subcontractors, partners, service providers, or shared facilities – typically at the ESPD stage (Article 59) and when addressing award criteria concerning capacity (Article 63). In most EU procurements this information is mandatory.
How to fill it in
- Identify each third‑party entity – name, legal form, address.
- Describe the capacity relied upon – equipment, staff, facilities, expertise, financial guarantees, etc.
- Provide evidence – contracts, licences, certifications, insurance certificates, or bank guarantees for each entity.
- Link to the main contractor – indicate how the third‑party support is integrated (e.g., subcontract, joint venture, service agreement).
- Declare any risks and mitigation measures – e.g., backup providers, redundancy plans.
- Signature block – authorised signatory of the economic operator confirming the accuracy of the disclosures.
All information should be copied verbatim from the tender pack where required; otherwise, leave placeholders in square brackets for the contractor to complete.
Template
Reliance on Third‑Party Capacity (Art 63) --------------------------------------- **Economic Operator:** [Name] **Third‑Party Entities:** | Entity | Legal Form & Address | Capacity Relied Upon | Evidence Provided | |--------|----------------------|---------------------|-------------------| | 1 | [...] | [...] | [...] | | 2 | [...] | [...] | [...] | | … | | | | **Integration with Main Contract:** [Brief description of how each third‑party supports the contract] **Risk Mitigation Measures:** - [Measure 1] - [Measure 2] **Signatures:** | Role | Authorised Signatory | Date | |------|---------------------|------| | Economic Operator | ____________________ | ____ | | Third‑Party (if required) | ____________________ | ____ |
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