Selection Criteria Statement

The selection criteria statement is the second major component of a supplier's ESPD Response, following the exclusion criteria statement. Where exclusion criteria determine whether a supplier may participate at all, selection criteria determine whether the supplier is sufficiently capable to perform the specific contract. Selection criteria must be proportionate to the subject matter of the contract, clearly stated in the ESPD Request, and applied equally to all tenderers.

What is a selection criteria statement?

Articles 58 to 64 of Directive 2014/24/EU govern selection criteria for the classic public sector. Three main categories apply.

Suitability for the professional activity. The contracting authority may require suppliers to be registered in a professional or trade register, or to hold a specific authorisation or membership of a particular organisation, where national law requires this for the type of work being procured. For example, electrical installation contracts may require registration with the national electrical contractors' association.

Economic and financial standing. Typical requirements include: minimum annual turnover (overall or sector-specific), professional indemnity or other insurance at a stated minimum level, and submission of financial statements demonstrating economic viability. Article 58(3) limits minimum annual turnover requirements to a maximum of twice the estimated contract value, except in duly justified cases.

Technical and professional ability. This is the most varied category. It may include: a list of the main contracts performed in the past three to five years with references (for services and supplies) or works; a statement of equipment, plant, and technical facilities; qualifications and professional experience of key staff; quality management systems such as ISO 9001 certification; and for certain contracts, environmental management systems such as ISO 14001 certification.

Where a supplier does not itself meet a selection criterion, Article 63 of Directive 2014/24/EU allows reliance on the capacities of other entities (a group member, a parent company, or a subcontractor). The relied-upon entity must submit its own ESPD, and both parties must sign a commitment confirming the availability of those capacities.

Why the selection criteria statement matters for bidders

The selection criteria statement is where many tender rejections happen. Suppliers sometimes overstate their compliance or submit outdated figures, and contracting authorities may verify key data before award. A declared annual turnover of EUR 5 million that your last two years of audited accounts disprove is a material misrepresentation.

Check each criterion in the ESPD Request against your actual documented position before completing the statement. Where you are borderline, consider whether reliance on another entity under Article 63 is available and commercially practical.

Example

A Finnish cybersecurity consultancy bids for an EU agency framework requiring: minimum annual turnover of EUR 2 million, two comparable contracts in the past three years, and ISO/IEC 27001 certification. The consultancy's last three years show turnover of EUR 2.4 million, EUR 3.1 million, and EUR 2.8 million. It has three qualifying contracts. Its ISO 27001 certificate is current. It completes the selection criteria section of its ESPD Response confirming all three criteria are met and notes the specific certificates it will provide if shortlisted.

Frequently Asked Questions

Can a contracting authority add selection criteria not listed in the procurement documents?

No. Selection criteria must be stated in the contract notice or the procurement documents from the outset of the procedure. Adding or changing selection criteria after publication is not permitted and renders any resulting award legally vulnerable.

Is there a minimum set of selection criteria that must always be applied?

No. Contracting authorities may choose not to apply selection criteria at all (relying only on exclusion grounds), or they may apply only some categories. However, the criteria they do apply must be sufficient to establish that the selected supplier is genuinely capable of performing the contract.

What if I meet the selection criteria at bid stage but circumstances change before contract award?

You are required to notify the contracting authority if material circumstances relevant to your ESPD declarations change during the procedure. Concealing a change that would affect your eligibility is a ground for exclusion under Article 57(4)(h) of Directive 2014/24/EU.