Article 15 — Selection criteria

1. Where public buyers decide to make use of selection criteria as requirements for participation in R&D procurement procedures, they shall lay down such criteria in accordance with the conditions in this Article. 2. Selection criteria for R&D procurement procedures shall only relate to: (a) suitability to pursue the professional activity within the meaning of paragraph 4; (b) technical and professional ability within the meaning of paragraph 5; (c) economic and financial standing within the meaning of paragraphs 6, 7 and 8. 3. Public buyers shall limit any requirements for selection criteria to those that are appropriate to ensure that an economic operator has the required capacities and abilities to perform the R&D procurement contract. All requiremen ts for selection criteria shall be related and proportionate to the complexity of and the risks associated with the subject -matter of the R&D procurement contract and comply with the principles of transparency, non-discrimination and proportionality. Each reference to be provided as means of proof of compliance with any of the selection criteria shall be accompanied by the words ‘or equivalent’ to allow tenderers to provide any type of alternative evidence of compliance. 4. In R&D procurement procedures, i n so far as economic operators are required to hold a particular authorisation or to be members of a particular organisation in order to be able to perform the research and development activities concerned in the country where the economic operator conduct s its main activity, the public buyer may require such economic operators to prove that they hold such authorisation or membership. Certified registration on official lists held by the competent bodies or a certificate issued by the certification body sha ll constitute a presumption of compliance with regard to the requirements laid down in the first and second subparagraphs. 5. Public buyers may impose requirements ensuring that economic operators possess the necessary human and technical resources and exp erience to perform the R&D procurement contract to an appropriate quality standard. Unless justified by the complexity of the R&D procurement contract or the nature of the subject -matter, public buyers shall not require prior experience in other contracts as a condition for participation in an R&D procurement procedure. A public buyer may assume that an economic operator does not possess the required professional abilities in either of the following cases where: (a) the public buyer has established by any means that the economic operator has conflicting interests which may negatively affect the performance of the that contract; (b) the public buyer has been made aware by any means that the economic operator presents a security concern for a Member State or the Union as a whole. Public buyers shall not require prior experience in other contracts without requiring that contractors possess the necessary human and technical resources to perform the R&D procurement contrac t. Public buyers shall not deem economic operators non - compliant with the requirements on technical and professional ability solely due to lack of prior experience in other contracts. Any references to qualifications or qualification levels included in s election criteria shall mention the European Qualifications Framework levels set out in Annex II to Council Recommendation of 22 May 201742. 6. Where public buyers require economic operators to have minimum economic and financial standing, they may require economic operators to have one or both of the following: (a) a certain minimum financial capacity; (b) an appropriate level of professional risk indemnity insurance. 42 Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Co uncil of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 189, 15.6.2017, p.15). 7. Where public buyers require economic operators to provide proof of minimum economic and financial standing, public buyers shall allow economic operators to provide such proof by any appropriate means, including any of the following: (a) statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance; (b) financial statements or extracts from financial statements, where publication of financial statements is required under the law of the country in which the economic operator is established; (c) a statement of the economic operator’s turnover for a maximum of the last three financial years available, depending on the date on which the economic operator was set up or started trading, as far as the information on such turnovers is available; (d) a business plan supported by statements or other e vidence of the economic operator’s tangible and intangible financial assets, including its intellectual property assets, financial contributions from financial investors or funding bodies, or evidence of own capital invested in the economic operator. Where a minimum financial capacity is required, it shall not exceed 50% of the estimated value of the R&D procurement contract, except in duly justified cases such as relating to the special risks attached to the nature of the procured research and development services. R&D procurement contract. The public buyer shall specify the main reasons for such a requirement in the procurement documents. In assessing the minimum financial and economic standing, public buyers may consider information from the annual accou nts of the economic operator only where the public buyer has specified the methods and criteria for such consideration in the procurement documents. Such methods and criteria shall be transparent, objective and non-discriminatory. Where public buyers impos e economic and financial standing selection criteria in accordance with paragraph 6, public buyers shall enable tenderers to provide the proof referred to in this paragraph, first subparagraph, point (d), between the date that the public buyer notifies ten derers about the decision to award the R&D procurement contract and the date of signature of that contract. 8. Where public buyers require professional risk indemnity insurance, they shall ensure and shall provide justification in the procurement document s that the required liability coverage is proportionate to the reasonably foreseeable amount of loss or damage that contractors and subcontractors may cause during or as a result of the performance of the R&D procurement contract. 9. Where the R&D procurement procedure applied by the public buyer does not include a preselection of economic operators on the basis of exclusion grounds or selection criteria, the public buyer shall request full documentary evidence proving compliance with applicable exclusion grounds and selection criteria only from the winning tenders that ranked highest based on the award criteria. Information that can be determined from existing national databases established by a public body, or from the registration on official lists or ce rtifications shall not be questioned without sufficient justification. 10. Where information or documentation submitted by economic operators is or appears to be incomplete or erroneous or where specific documents are missing, public buyers, in compliance with the principles of equal treatment and transparency, shall provide the economic operators concerned with the opportunity to submit, supplement, clarify or complete the relevant information or documentation within an appropriate time limit to remedy any deficiency resulting from a minor informality or irregularity of a tender that does not put into question the decision to award R&D procurement contracts. Article 10