EU Court of Justice Advocate General Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be prior to the award of the contract

WHEN WILL YOU SHOW ME THE PAPERS? TECHNICAL CAPACITY, TECHNICAL DOSSIERS AND VERIFICATION DURING THE PROCUREMENT PROCESS (C-14/17)* In his Opinion of 28 February 2018 in VAR, C-14/17, EU:C:2018:135 (not available in English), AG Campos Sánchez-Bordona addressed a tricky preliminary question regarding the procurement of spare parts for buses, trolleybuses and tramways under the 2004 Utilities Procurement Directive (Dir 2004/17/EC). The legal dispute concerned the procedural stage at which contracting authorities must require tenderers to provide certificates attesting compliance with the applicable technical specifications. AG Campos suggested that such phase needs not always be prior to the award of the contract. This case is relevant in the context of the contracting authorities’

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Albert Sánchez Graells, EU Court of Justice Advocate General Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be prior to the award of the contract, 28 February 2018, e-Competitions Bulletin February 2018, Art. N° 88510

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