ESPD (EVIP): how to fill in the European Single Procurement Document in Latvia

In Latvia, the ESPD is governed by Article 49 of the Public Procurement Law (Publisko iepirkumu likums, PIL) and, for utilities procurement, by Article 56 of the Law on Procurement of Public Service Providers (Sabiedrisko pakalpojumu sniedzēju iepirkumu likums, SPSIL). The standard form is set out in European Commission Implementing Regulation (EU) 2016/7 of 5 January 2016, and its use in procedures is governed by Cabinet of Ministers (MK) Regulation No. 107 of 28 February 2017, “Procedures for Conducting Procurement Procedures and Design Contests” (Iepirkuma procedūru un metu konkursu norises kārtība).

The main provisions of PIL Article 49:

• the contracting authority accepts the ESPD as preliminary evidence that the selection requirements are met;
• you may submit an ESPD that was used in another procedure, provided you confirm that the information in it is still correct;
• at any stage of the procedure the contracting authority may request all or some of the supporting documents, but it may not request those it already holds or that are available in public databases.

Which type of procurement applies depends on the contract value thresholds; see the thresholds guide. Exactly how the ESPD must be submitted in a given procurement is set out in the procurement regulations (nolikums).

The European Commission's central ESPD service closed on 2 May 2019, and Member States now use their own services. In Latvia you fill in the ESPD in the tool of the EIS (Electronic Procurement System) at espd.eis.gov.lv. The service, run by the State Digital Development Agency (Valsts digitālās attīstības aģentūra, VDAA), is free of charge, some data can be loaded from Latvian registers, and a completed ESPD can be saved and reused.

The contracting authority includes in the procurement regulations either the ESPD form or a reference to the website where it is available, together with the requirements for completing it (paragraph 2.18 of MK Regulation No. 107). In practice you will see three variants:

• an XML file (the contracting authority's request) attached to the procurement regulations, which you load into the EIS tool, fill in and save;
• a link to espd.eis.gov.lv in the procurement regulations, with instructions for completing it;
• the ESPD requirements built into the procurement in EIS, so you create the ESPD response while preparing your offer.

The ESPD covers only the grounds for exclusion and the selection criteria. The technical and financial offer must be prepared separately.

Part III corresponds to the grounds for exclusion in PIL Article 42, for example convictions for certain criminal offences, tax debts, insolvency, competition law infringements and conflicts of interest. Part IV corresponds to the qualification requirements in PIL Articles 44–48: registration and licences, economic and financial standing, technical and professional ability, and quality and environmental management standards.

For suppliers registered in Latvia, the contracting authority checks the grounds for exclusion in the EIS e-certificates (e-izziņas) subsystem. It brings together data from the Register of Convictions, the Register of Enterprises, the State Revenue Service (Valsts ieņēmumu dienests, VID) and the municipal real estate tax systems. From foreign suppliers, the contracting authority requests certificates issued by the competent authorities.

Before filling in the ESPD you can request an e-certificate for your own company; it is prepared within 24 hours. If a ground for exclusion does apply, PIL Article 43 allows you to demonstrate your reliability: the contracting authority gives you at least 10 days to explain and prove, for example, that you have compensated for damage, cooperated with the investigating authorities and taken technical, organisational or staffing measures.

You may rely on another entity's experience or staff only if that entity will itself carry out the works or provide the services concerned.

The IUB states that in procedures announced from 1 January 2027 the €10,000 threshold is abolished, and an ESPD will have to be submitted for every subcontractor named by the candidate or supplier.

• Group of suppliers: each member of the group submits a separate ESPD, as does each member of a partnership.
• Entity whose capacities you rely on: a separate ESPD is submitted for it, covering the grounds for exclusion and the selection criteria that this entity helps you meet. You prove that the resources are available with a statement from this entity or an agreement to place the resources at your disposal (PIL Article 46(4)).
• Subcontractor: an ESPD is submitted for each named subcontractor whose share of the works or services is worth at least €10,000. The subcontractor completes only the grounds for exclusion part.

If the supplier that would be awarded the contract has submitted an ESPD, the procurement commission requests documents proving compliance with the selection requirements before taking its decision (paragraph 17 of MK Regulation No. 107). In a restricted procedure, a competitive procedure with negotiation and a competitive dialogue, it does so before deciding which candidates to select. Depending on the procurement regulations, these may include:

• proof of registration, licences or certificates;
• proof of turnover, financial ratios or insurance;
• proof of experience and of specialists’ qualifications;
• quality or environmental management certificates.

• Submitting an ESPD only for yourself and forgetting the group members, the entities you rely on or the subcontractors.
• Ticking only the global indication in Part IV even though the procurement regulations ask for specific information. The contracting authority then has to request additional information to establish at least prima facie compliance.
• Reusing the ESPD from a previous procurement without checking whether your data or the requirements of the new procurement have changed.
• Filling in a blank form instead of importing the contracting authority's request with its specific requirements.
• Treating the ESPD as a substitute for the offer, although it does not include the technical specification or the price.
• Not preparing the supporting documents in time, although the contracting authority will request them before its decision.