Annex A5F - Additional Information about the Contract Notice
The last part of Art 16 from the title ‘Capacity-providing entities’ to the end of the paragraph should be read as follows:
Capacity-providing entities
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility - notably that of nationality – and must fulfill the same relevant selection criteria as the economic operator.
With regard to technical and professional criteria, 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.
With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies become jointly and severally liable for the performance of the contract.
If more than eight (8) eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be reexamined in order to rank their applications and to identify the eight best candidates. The only additional comparative criteria that which will be taken into consideration during this re-examination, in the order in which they appear below, are:
1) The highest number of references fulfilling criterion 16.3.b);
2) The highest cumulative value of the project references (proportion carried out by the candidate) fulfilling the criterion 16.3.a).
N.B.: additional comparative criterion No. 1 shall be applied to all the eligible candidates that meet the selection criteria. If, after applying additional comparative criterion No 1, it is not possible to identify the 8 best candidates because two or more candidates are tied for the 8th position, additional comparative criterion No 2 shall be applied only to these tied candidates.