What is Reliance on Third-Party Capabilities?
Reliance on Third-Party Capabilities (Eignungsleihe) allows bidders to rely on the capacities of other companies to demonstrate their eligibility for a contract. This applies regardless of the legal relationship between the bidder and the third party.
When is it Relevant?
This instrument is used when a bidder cannot meet eligibility criteria alone: missing references, insufficient capacities, financial requirements, or specialized qualifications.
Prerequisites
- Availability declaration: The third party must formally confirm making required capacities available
- Eligibility proof: The third party must meet the criteria the bidder relies upon
- No exclusion grounds: No mandatory exclusion grounds may apply to the third party
- Actual access: The bidder must be able to actually access the capacities during contract execution
Special Rule for Professional Capability
When relying on a third party's professional experience or qualifications, that party must actually perform the relevant service portion. Merely "lending" references is insufficient.
Liability
For financial capability reliance, the bidder and third party are jointly liable for contract execution. The authority can demand replacement of a third party with mandatory exclusion grounds.
Practical Significance
This instrument is particularly powerful for SMEs, enabling access to larger contracts. The availability declaration must be carefully drafted to avoid formal errors.