Art. 85. European Single Procurement Document

1. At the time of submission of requests to participate or of tenders, contracting authorities or contracting entities shall accept the European Single Procurement Document (ESPD), drawn up in conformity with the standard model approved with Regulation by the European Commission. The ESPD is submitted exclusively in electronic form since 18 April 2018 and consists of an updated self-declaration as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the relevant economic operator fulfils the following conditions:

a) it is not in one of the situations referred to in Article 80;

b) it meets the relevant selection criteria that have been set out pursuant to Article 83;

c) where applicable, it fulfils the objective criteria that have been set out pursuant to Article 91.

2 The ESPD shall also contain the relevant information requested by the contracting station and the information referred to in paragraph 1 relating to the possible entities upon which the economic operator may rely pursuant to Article 89, indicate the public authority or the third party responsible for the release of complementary documents and includes a formal declaration according to which the economic operator can, upon request and with no delay, submit these documents.

3. Where the contracting station can obtain the supporting documents directly by accessing a database pursuant to Article 81, the EPSD shall also contain the information required for this purpose, any identification data and, where applicable, the necessary declaration of consent.

4. Economic operators may reuse an ESPD which has already been used in a previous procurement procedure, provided that they confirm that the information contained therein continues to be correct.

5. A contracting station may also ask tenderers and candidates at any moment during the procedure to submit all or part of the supporting documents where this is necessary to ensure the proper conduct of the procedure. Before awarding the contract, the contracting station shall, except in respect of contracts based on framework agreements where such contracts are concluded in accordance with Article 54, paragraph 3 or 4, letter a), require the tenderer to which it has decided to award the contract to submit up-to-date supporting documents in accordance with Article 86 and, where appropriate, Article 87. The contracting station may invite economic operators to supplement the certificates received pursuant to Articles 86 and 87.

6. Notwithstanding paragraph 5, economic operators shall not be required to submit supporting documents or other documentary evidence where they are present in the database referred to in Article 81 or where the contracting already has these documents after having awarded a contract or concluded a framework agreement.

7. For the purpose of paragraph 5, databases which contain relevant information on economic operators, may be consulted under the same conditions, by the contracting authorities of other Member States, with the modalities identified by the decree referred to in Article 81, paragraph 2.

8. Through the “Cabina di Regia”, it is made available and up-to-date in e- Certis a complete list of databases containing relevant information on economic operators which can be consulted by contracting authorities or contracting entities from other Member States and are communicated, upon request, to other Member States any information related to the databases referred to in this Article.

see Communication of the MIT of July 22, 2016, published in the Italian Official Gazette no. 170 of July 22, 2016 concerning guidelines for compiling the Italian template of European Single Procurement Document