What is the ESPD? Exclusion grounds, selection criteria and certificates

Before a buyer looks at your price or your technical solution, it checks two things: that you aren't excluded from public contracts, and that you're qualified to deliver this one. In the EU, you usually declare both in a single standard form, the ESPD.

This guide explains what the ESPD contains, how exclusion and selection work, and which certificates you'll need if you win.

What is the ESPD?#

The European Single Procurement Document (ESPD) is a standard self-declaration introduced by Article 59 of Directive 2014/24/EU. Its form is set by Commission Implementing Regulation (EU) 2016/7.

Instead of submitting a stack of certificates with every bid, you declare in the ESPD that:

• none of the exclusion grounds applies to your company (or that you've taken self-cleaning measures);

• you meet the selection criteria the buyer has set;

• where relevant, you meet the objective rules used to shortlist candidates.

Buyers above the EU thresholds must accept it as preliminary evidence. The buyer can ask for the actual certificates at any time, but normally only the winner (or, in a two-stage procedure, the shortlisted candidates) provides them.

The ESPD has national names you'll see in tender documents: DEUC in Spain, DGUE in Italy, DUME in France, EEE in Germany, JEDZ in Poland and UEA in the Netherlands.

The six parts of the ESPD#

Part I: Information about the procedure#

Filled in by the buyer: who is buying, the procedure, the subject and the reference number. If you build the ESPD from the buyer's request file, this is pre-filled.

Part II: Information about your company#

Your company name, VAT or registration number, address and contact, whether you're an SME, your representatives (who can sign for the company), whether you bid in a group (consortium) and with whom, whether you rely on the capacities of other entities, and whether you subcontract parts of the contract.

Part III: Exclusion grounds#

A series of yes/no declarations covering criminal convictions, payment of taxes and social security contributions, insolvency, professional misconduct, conflicts of interest and more. See below.

Part IV: Selection criteria#

Your declarations about suitability, economic and financial standing, technical and professional ability, and quality and environmental standards. The buyer may let you answer with a single global yes, the "α" (alpha) section, which says you meet all the required selection criteria.

Part V: Reduction of the number of qualified candidates#

Only in two-stage procedures where the buyer will shortlist: you declare how you meet the objective criteria used to choose who is invited.

Part VI: Concluding statements#

You confirm the information is accurate, that you can provide the evidence on request, and consent to the buyer obtaining documents directly where possible. Then you sign, if signing is required.

Legal basis

Directive 2014/24/EU, Article 59

Standard form

Implementing Regulation (EU) 2016/7

Parts

six (I–VI)

Who fills it in

each bidder, consortium member and entity relied upon

Evidence

usually only from the winner

Find equivalent certificates

e-Certis

Exclusion grounds: what can get you excluded?#

Article 57 of the directive lists the grounds. Some are mandatory: the buyer must exclude you. Others are discretionary: the buyer may exclude you if the documents say so (national law may make them mandatory).

Mandatory exclusion grounds#

• a final conviction for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and human trafficking, of the company or of a person with powers of representation, decision or control;

• breach of obligations to pay taxes or social security contributions, established by a final judicial or administrative decision.

Discretionary exclusion grounds#

• violation of environmental, social or labour law obligations;

• bankruptcy, insolvency, winding-up or similar situations;

• grave professional misconduct that makes your integrity questionable;

• agreements with other companies aimed at distorting competition;

• a conflict of interest that can't be remedied otherwise;

• distortion of competition from your prior involvement in preparing the procedure;

• significant or persistent deficiencies in performing an earlier public contract that led to termination, damages or similar sanctions;

• misrepresentation in supplying information, or trying to unduly influence the buyer.

Self-cleaning#

Under Article 57(6) a company that falls under a ground can still take part if it proves its reliability: it has paid or undertaken to pay compensation for any damage, clarified the facts by actively cooperating with the authorities, and taken concrete technical, organisational and personnel measures to prevent further offences. Without self-cleaning, exclusion can't last longer than five years for mandatory grounds and three years for discretionary grounds (Article 57(7)).

Selection criteria: are you qualified?#

Article 58 allows three types of selection criteria. They must be related and proportionate to the subject of the contract, and they're pass/fail: meeting them gets you through, but doesn't score points.

Suitability to pursue the professional activity#

Enrolment in a trade or professional register in your country, or a specific authorisation or membership needed to deliver the service (for example a security company licence).

Economic and financial standing#

• a minimum yearly turnover, which normally can't exceed twice the estimated contract value unless the buyer justifies it;

• financial ratios, for example assets to liabilities;

• professional risk indemnity insurance at an appropriate level.

Technical and professional ability#

• references for similar contracts in recent years (typically up to five years for works and three for supplies and services), with values, dates and clients;

• educational and professional qualifications of the staff who will do the work;

• technical equipment, average workforce, supply chain management;

• quality assurance and environmental management standards, such as ISO 9001 or ISO 14001, or equivalent measures (Article 62).

Example: a small IT firm and a turnover requirement#

A web agency with a yearly turnover of €400,000 sees a tender for a €300,000 contract asking for a minimum turnover of €600,000, twice the value. It doesn't meet it alone. Options: bid with a partner in a consortium (turnover is usually combined), or rely on the capacity of a larger company that commits its resources and may be jointly liable. The agency could also ask the buyer whether the requirement is proportionate, but the twice-the-value cap means this one is within the rules.

Which certificates will the winner need?#

When you win, or when the buyer asks during the procedure, you must provide the evidence behind your ESPD, usually within a short deadline such as 10 working days. Typical documents:

Avoiding duplicate paperwork#

Buyers must not ask for documents they already have or can get for free from a national database. Many countries have such databases: for example Italy's virtual file of the economic operator (FVOE) and official lists of approved economic operators (Article 64), such as Spain's ROLECSP register, which can serve as evidence. Using them saves time.

Bidding abroad? Use e-Certis#

The European Commission's e-Certis database shows which certificates are used in each country, and which document in your country matches a requirement in another (Article 61). Buyers must accept equivalent documents from other member states.

How to fill in the ESPD, step by step#

1. 1

   Get the buyer's ESPD request.

   It's in the tender documents, often as an XML file, or built into the e-procurement platform.

2. 2

   Open it in the right tool.

   Use the platform's form or a national ESPD service, and import the request (or an earlier ESPD response you can reuse).

3. 3

   Fill in Part II

   with your company details, representatives, and any consortium partners, entities relied upon and subcontractors.

4. 4

   Answer Part III honestly.

   If any ground applies, describe the self-cleaning measures.

5. 5

   Complete Part IV

   as the buyer asks: the global α answer or the detailed criteria, with figures matching your financial statements and references.

6. 6

   Collect partners' ESPDs.

   Each consortium member and each entity relied upon submits its own.

7. 7

   Export, sign if required and upload

   in the format the documents specify, and keep a copy for your next bid.

Common ESPD mistakes#

• Using an old ESPD with the wrong procedure in Part I.

• Forgetting the ESPDs of consortium partners or entities whose capacities you rely on.

• Declaring turnover or references that don't match the evidence you later provide.

• Signing with someone who isn't a registered representative.

• Leaving fields empty instead of answering "no".