The ESDP form, step by step

In this section, the contracting authority will outline certain basic information about the procurement.

In this part, the tenderer submits certain basic information about themselves.

The question, “Does the economic operator participate in the procurement procedure together with other operators?” should only be answered by “Yes” by a tenderer if they submit a tender as part of a “group of tenderer”, in the sense referred to in chapter 4, section 5 of LOU (for example, if the supplier is part of a consortium). In such joint participation in the procurement, all tenderer shall submit separate self-declarations. Information about a tenderer intending to rely on the capacity of another company shall not be entered here, but under Part II C.

Swedish tenderers shall always answer "No" to the question whether they are registered on an "official list". No official lists of approved tenderers have been introduced in Sweden, but exist in other countries.

Here you submit information about who is representing the tenderer in the procurement process. The information that a tenderer is expected to submit under this part is to be specified by the contracting authority in one of the other tender documents.

This is where you submit information about whether the tenderer relies on subcontractors or some other external capacity in procurement in order to fulfil the qualification requirements. In accordance with chapter 15, section 1, second paragraph of LOU, if a tenderer relies on the capacity of other entities, the tenderer’s self-declaration shall be accompanied by a separate self-declaration for each of the companies relied on. Thus, if the tenderer in this section states that they rely on the capacity of other companies, these companies shall fill in and submit separate self-declarations.

Relying on the capacity of other companies (SV)

Here you submit information about whether the tenderer intends to outsource a part of the contract to a third party. List any other subcontractors than the ones you rely on to fulfil the qualification requirements listed under Part II C. According to chapter 17, sections 6-7 of LOU, the contracting authority may, and in some instance shall, require that the tenderers submit certain information about their subcontractors. This section should only be filled in if it is evident from the tender documents that this information shall be submitted.

Collaborating with subcontractors or other partners in procurements (SV)

This is where the contracting authority lists the grounds for exclusion, as per chapter 13 of LOU, used in the procurement. The grounds for exclusion are divided into four categories:

• A: Criminal convictions. These grounds refer to those crimes that constitute mandatory grounds for exclusion as per chapter 13, section 1 of LOU
• B: Grounds relating to the payment of taxes or social security contributions. This ground refers to exclusion due to failure to pay taxes and social security contributions as per chapter 13, section 2 of LOU
• C: Grounds relating to insolvency, conflicts of interests or professional misconduct. This part refers to the grounds for exclusion listed in chapter 13, section 3 of LOU and which the contracting authority is free to use in the procurement.
• D: Other grounds for exclusion. This part refers to the opportunity for the EU member states to decide whether there should be more grounds for exclusion than those enumerated under points A-C (chapter 13, sections 1-3 of LOU). Sweden has not availed of this opportunity, so no information shall be submitted in this section of the form.

Grounds for exclusion (SV)

Selection criteria refer to the qualification requirements as per chapter 14 of LOU. This is where the tenderer certifies that they fulfil the qualification criteria set for the procurement. In this section of the form the contracting authority has two alternatives:

1. The contracting authority can either decide that it is sufficient for the tenderers to answer Del IV α with a simple “Yes” that they fulfil all qualification requirements for the procurement, or
2. It can decide that the tenderers under Part IV A-D shall certify that they fulfil each of the qualification requirements. If so, the tenderer shall submit detailed information about the way in which they fulfil each of the qualification requirements set for the procurement. There is also an opportunity for tenderers to include web links to relevant evidence, which is uncommon in Sweden.

Procurement qualification requirements (SV)

“Suitability” refers to requirements for professional certification as per chapter 14, section 2 of LOU. This part should only be filled in if such requirements have been set for the procurement.

In this part, tenderers submit information about such requirements for economic and financial standing as are referred to in chapter 14, sections 3-4 of LOU. This part should only be filled in if such requirements have been set for the procurement.

In this part, tenderers submit information about such requirements on technical and professional ability as are referred to in chapter 14, section 5 of LOU. This part should only be filled in if such requirements have been set for the procurement.

In this section, tenderers state the way in which they fulfil any criteria and rules for selection in two-stage procedures (so-called limitation criteria) which the contracting authority may use as per chapter 4, sections 6-7 of LOU, in procurements that are conducted in several stages. Adopting this method means that the contracting authority can select the tenderers that meet all the formal requirements in the procurement. This information should only be submitted in such two-stage procedures where the contracting authority actually uses limitation criteria.

Ask questions at our on-line Question Forum: What can limitation criteria in a multistage procedure contain? (SV)

In this final section, this is where the tenderer certifies

• that the information submitted in their self-declaration is correct,
• that they will, upon request, promptly submit the evidence that the contracting authority requires regarding grounds for exclusion, qualification requirements and limitation criteria, and
• that they consent to the authority itself obtaining the evidence that the tenderer may have linked to in their self-declaration.

In this part, there is also an opportunity for the tenderer to sign their self-declaration if the contracting authority has required them to do so in the procurement.