Procurement: What – How? | Submission of the European Single Procurement Document (ESPD)

In a recent ruling, the Arnhem-Leeuwarden Court of Appeal held that a tender submission was invalid because no UEA was submitted by the party that, according to the claimant, was the actual bidder.

Two UEAs were attached to the submission, each from a different consortium. In both cases, the intended bidder was part of that consortium. However, there was no UEA from the bidder itself, which rendered the submission invalid. The fact that the final submission was made independently—with a subcontractor rather than on behalf of a consortium—only added to the uncertainty regarding the exact identity of the bidder.

In short, whose UEA must always be included with the tender submission?

• The bidder’s own UEA (regardless of whether they submit alone or jointly with others);
• The UEAs of individual consortium members and of the consortium itself (if the consortium forms a legal entity);
• The UEAs of third parties whose experience, resources, or financial capacity the bidder relies upon.

There is no separate UEA version for consortium members or third parties. In all cases, the same module in TenderNed is used.

This blog is part of the series ‘Procurement: What – How?’, in which Joris Bax, attorney at Brackmann, shares his insights and reflections on current topics in procurement and construction law.