Art. 86. Means of proof

1. Contracting authorities or contracting entities may require the certificates, statements and other means of proof referred to in this Article and Annex XVII as evidence for the absence of grounds for exclusion as referred to in Article 80 and for the fulfilment of the selection criteria in accordance with Article 80.

Contracting authorities or contracting entities shall not require means of proof other than those referred to in this Article, in Annex XVII and in Article 87. Economic operators may rely on any appropriate documentary means to prove that they will have the necessary resources at their disposal.

2. Contracting authorities or contracting entities shall accept the following as sufficient evidence of the non-applicability to the economic operator of the grounds of exclusion referred to in Article 80:

a) as regards paragraphs 1, 2 and 3 of that Article, an extract from the judicial records or, failing that, of an equivalent document issued by a competent judicial or administrative authority in the Member State or country of origin or provenance showing that those requirements have been met;

b) as regards paragraph 4 of that Article, through a specific certificate issued by the competent fiscal authority and, with reference to social security and assistential contributions, through the Single Document of Contributive Regularity automatically acquired by the contracting authorities or contracting entities from the social security institutes pursuant to applicable legislation or through similar certification issued by the competent authorities of other States.

3. A Member State shall, where relevant, provide an official declaration stating that the documents or certificates referred to in paragraph 2 are not issued or that they do not cover all the cases. Such official declarations shall be made available through the online repository of certificates (e- Certis)

4. As a general rule, proof of the economic operator’s economic and financial standing may be provided by one or more of the means of proof listed in Annex XVII Part I. The economic operator, which for valid reasons is unable to provide the references requested by the contracting authority, may prove its economic and financial standing by any other document which the contracting authority considers appropriate.

5. The economic operators’ technical abilities may be demonstrated by one or more of the means listed in Annex XVII Part II, in accordance with the nature, quantity or importance, and use of the works, supplies or services.

6. The “Cabina di Regia”, shall make available, upon request, to other Member States any information relating to the grounds for exclusion listed in Article 80, the suitability to pursue the professional activity, and the financial and technical capacities of tenderers referred to in Article 83, as well as any information relating to the means of proof referred to in this Article.
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