In line with the wording of Public Procurement Law, subjective means of evidence should be understood as any means for confirming the absence of grounds for exclusion, meeting the conditions for participation in the procedure or complying with the selection criteria, with an exception of the declaration of non-exclusion, meeting the conditions for participation in the procedure or selection criteria.
The types and scope of such subjective means of evidence, as well as other documents and/or declarations which may be requested by the awarding party in the call for bids from contractors operating as a consortium, including their validity period, selection criteria and the method of filing these, are specified e.g., in the Ordinance of the Minister of Economic Development, Labour and Technology issued on 23 December 2020.
As regards the subjective means of evidence confirming compliance with the terms and conditions for participation in the procedure, or with the selection criteria related to technological and professional capacities for performance of the contract by the consortium, provisions of the above ordinance stipulate that if a contractor refers to its experience in performance of construction works, services or deliveries carried out jointly with other contractors, at the awarding party’s request that contractor shall present the following documents/declarations:
- in the case of construction works, the contractor should present a list of works in which that contractor was directly involved;
- in the case of deliveries or services, the contractor should present a list of deliveries or services in which the contractor was involved directly, and in the case of repeated or continuous operations – a list of those in which the contractor was or continues to be involved directly.
Hence, currently, the contractor’s performance and experience are to be confirmed with a list of deliveries, services or construction works completed, rather than with references or other documents selected at the contractor’s discretion.