S.L. 601.3 · Public Procurement Regulations (S.L. 601.3)
S.L. 601.3 ст. 230Means of proof related to the exclusion and black listing of economic operators.
(1) Contracting authorities may require the certificates, statements and other means of proof referred to in this regulation as well as regulations 231 and 232 as evidence for the absence of grounds for exclusion as referred to in Part VI and for the fulfilment of the selection criteria in accordance with regulation 217.
(2) Contracting authorities shall not require means of proof other than those referred to in this regulation and regulations 231, 232 and 234. In respect of regulation 235, economic operators may rely on any appropriate means to prove to the contracting authority that they will have the necessary resources at their disposal.
(3) Contracting authorities shall accept the following as sufficient evidence that none of the cases specified in regulations 192, 193, 194 and 199 apply to the economic operator:
(a) as regards regulation 192, the production of an extract from the relevant register, such as 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 the country where the economic operator is established showing that those requirements have been met;
(b) as regards regulations 193 and 194(a), a certificate issued by the competent authority in the Member State or country concerned.
(4) Where the Member State or country in question does not issue the documents or certificates referred to in sub-regulation (3), or where these do not cover all the cases specified in regulations 192, 193 and 194(a), they may be replaced by a declaration on oath or, in Member States or countries where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the Member State or country of origin or in the Member State or country where the economic operator is established.
(5) The Director shall, where relevant, provide an official declaration stating that the documents or certificates referred to in this sub-regulation are not issued or that they do not cover all the cases specified in regulations 192, 193 and 194(a). Such official declarations shall be made available through the online repository of certificates (e-Certis).