Evidence dossier in public procurement — certificates, Telemarc and 'only once'

In a Belgian public procurement procedure the ESPD suffices at bid submission. But as soon as you come into contention for the award, the contracting authority asks for the actual supporting documents — and that deadline is tight. A bidder who only starts hunting for their criminal record extract or fiscal certificate at that moment loses time and sometimes the contract. This article sets out the full evidential portfolio: what Telemarc retrieves automatically, what you have to supply yourself, and at which stage each document is at stake.

The three phases of the evidence dossier

The Belgian legislator has divided the evidence dossier into three time windows. The distinction between provisional and definitive proof flows from article 73 §3-4 of the Belgian Public Procurement Act of 17 June 2016 and articles 38-39 of the Royal Decree on Placement of 18 April 2017 (ESPD as provisional proof, application of exclusion and selection criteria).

Phase 1 — At bid submission: the ESPD as provisional proof

At submission you provide:

• The ESPD response (espd-response.xml) — provisional proof of the absence of exclusion grounds and of meeting the selection criteria. Mandatory above the EU thresholds; often requested below them too. See the article on completing the ESPD for the practice.
• An ESPD per member of the consortium (if you bid in a temporary partnership).
• An ESPD for every entity on whose capacity you rely (and, where the tender specification requires it, for subcontractors).
• An undertaking from the third entity when you rely on its financial, technical or professional capacity.
• Any documents that the tender specification expressly requires at the bid stage: an insurance certificate, a methodology note, variants, or a Russia-sanctions declaration (Regulation 833/2014).

Phase 2 — After the award intent: the actual supporting documents

The contracting authority asks the bidders in contention to submit, within a period set in the tender specification (typically 10 to 15 calendar days), the actual supporting documents. A large part is retrieved via Telemarc. You supply what Telemarc does not cover.

Phase 3 — 15-day standstill period and contract conclusion

After the reasoned award decision the 15 calendar-day standstill period starts (article 11 Belgian Act of 17 June 2013 on legal protection). During that period the contract may not be concluded — the authority checks the evidence dossier and unsuccessful bidders may request suspension before the Belgian Council of State. Only from day 16, absent a successful suspension, may the contract be effectively concluded.

Telemarc — what it does and does not retrieve

Telemarc is a free web interface, run by FPS BOSA, through which contracting authorities automatically retrieve certificates from Belgian authentic sources. The system is only accessible to authorities registered as “Public Buyer” with a body listed in the CBE. Telemarc has replaced, since 2018, the old Digiflow coupling within the e-Procurement platform.

Each query generates a digitally signed PDF that the authority downloads and keeps in the dossier. A printed version has no evidential value — only the digital signature counts.

What Telemarc consults

What Telemarc does not retrieve — bidder’s supply list

Outside Telemarc fall, among others:

• The criminal record extract for the legal person and for the directors/managers
• The Limosa declaration when foreign staff are seconded
• The professional liability insurance (no authentic source)
• ISO 9001, ISO 14001, VCA, EMAS and other certificates from private certifying bodies
• Certificates of satisfactory performance of earlier contracts (references)
• Articles of association and incorporation deeds (consultable via ejustice, but no Telemarc certificate)
• Registration with the Order of Architects, the Bar, IRE, ITAA, IPI, EPB certifiers
• The bank certificate (financial capacity)
• Foreign equivalent documents — no coupling with foreign registers

Pitfalls around Telemarc

NSSO timing mismatch. The NSSO certificate covers the last closed quarter. A bidder submitting in July still receives the Q1 certificate — Q2 is only available from end September. Account for this with tender specifications that require a “recent certificate”.

Disputed debts. A formally contested debt or a debt subject to a settlement plan may still show as “open” on the Telemarc certificate. Proactively supply the authority with the proof of dispute or settlement plan.

Dormant establishments. A CBE establishment unit that is no longer active but not yet ceased may cause confusion. Keep your CBE data permanently up to date.

Late annual accounts. A company that files late or not at all with the NBB is immediately flagged via Telemarc. Avoid this at all cost — beyond the NBB fine it is reputational damage in every ongoing dossier.

Per certificate — where to obtain it, how long it is valid

Criminal record extract — legal person and natural persons

The criminal record extract proves the absence of convictions for the offences listed in article 67 §1 PPA 2016 (criminal organisation, corruption, fraud, money laundering, terrorism financing, child labour, human trafficking). The exclusion ground applies both to the legal person and to the members of the administrative, management or supervisory body (art. 67 §2 PPA 2016).

• Legal person: written application to FPS Justice — Central Criminal Record, with express mention “in the context of a public procurement contract” so the correct model is delivered.
• Natural persons: at the municipality of residence, or digitally via MyJustice.
• Lead time: 1 to 3 weeks for the legal person, usually faster for natural persons.
• Validity: no fixed statutory term, but practice retains a maximum of 6 months at the submission date. The tender specification is determinative.
• Cost: free.

NSSO and fiscal certificate 276C2

Both fall under article 68 PPA 2016 (exclusion grounds for fiscal and social debts). The contracting authority retrieves them in principle via Telemarc. A bidder who needs a certificate themselves — facing an authority without Telemarc access or in a dispute — can request it via the NSSO portal or via MyMinfin. For the fiscal certificate, [email protected] serves as a fallback channel when MyMinfin is unavailable.

Annual accounts and bank certificate

For Belgian companies subject to the filing obligation, Telemarc retrieves the annual accounts via the NBB Central Balance Sheet Office. Typically the last three financial years are assessed. SMEs may use the abbreviated scheme.

The bank certificate must be requested by the bidder from their banker — a short statement on bank letterhead confirming that the financial relationship is in order. The bank gives no judgement on solvency itself; it confirms only the relationship and good standing. There is no statutory validity period; in practice a recent certificate (usually no older than a few months) is required. The tender specification is determinative.

Professional liability insurance (PI)

Required for service providers (architects, lawyers, engineering firms, consultancy) and for certain works. Provide a current certificate or a policy excerpt from your insurer. According to a recent Publius analysis, a tender specification need not impose a minimum cover — though a measurable threshold is recommended. For insurance certificates, case-law accepts that certificates older than around 18 months are legally fragile.

Contractor recognition

For public procurement works above €50,000 the Act of 20 March 1991 requires recognition as a contractor in the correct class and category. Telemarc consults for this the FPS Economy recognition database. No separate certificate need be added when the authority uses Telemarc. For a fuller treatment, see the article on contractor recognition.

Professional registrations and certificates

For certain professions, registration with the competent order or professional association proves professional capacity:

• Architect: Order of Architects (architect.be)
• Lawyer: OVB or Ordre des Barreaux
• Statutory auditor: IRE (ibr-ire.be)
• Accountant / tax adviser: ITAA (itaa.be)
• Real estate agent: IPI
• EPB certifier (Flanders / Wallonia): per region

For quality and environmental management, the authority accepts ISO 9001, ISO 14001, VCA, EMAS or an equivalent system (article 77 Royal Decree on Placement). Bidders without a formal certificate can submit an equivalence dossier, but it is rarely accepted without discussion.

Certificates of satisfactory performance

For works, the Royal Decree on Placement 2017 requires a list of works carried out over the last 5 years, accompanied by certificates of satisfactory performance for the main references. For supplies and services the reference period is 3 years; formal certificates are no longer statutorily required, but a statement from the principal remains the norm. For private references a statement from the private principal suffices, or failing that a declaration on honour from the bidder.

Limosa declaration

When seconding foreign workers or self-employed persons to Belgium, a Limosa declaration is mandatory (Belgian Programme Act I of 27 December 2006). The foreign employer files the declaration via the Limosa portal on socialsecurity.be and immediately receives an L1 document (PDF with QR code). There is no Telemarc coupling — as main contractor you must obtain the proof yourself before works start. A main contractor who fails to report a missing or invalid declaration to the inspection services is co-liable.

Consortia, third parties and subcontractors

Temporary partnership (consortium)

Since the Belgian Code of Companies and Associations, the old “temporary commercial company” has formally become a temporary partnership. In tender specifications “TCC” or “consortium” remain in use. Per member you provide:

• A separate ESPD
• Separate criminal record extracts (legal person and directors)
• Separate NSSO and fiscal certificates (Telemarc per CBE number)
• Separate annual accounts
• A cooperation agreement between the members, with the designation of a representative towards the contracting authority and an express joint and several liability clause

All members are jointly and severally bound for performance — the contracting authority may hold each member liable for the full amount.

Reliance on third-party capacity

A bidder who does not meet a selection criterion on their own may rely on the financial, economic, technical or professional capacity of a third party — a parent company, sister company or strategic partner (article 78 PPA 2016, implemented in article 73 §1 Royal Decree on Placement). For the third party you provide:

• A separate ESPD, fully completed for exclusion grounds and the relevant capacity element
• An express, unconditional undertaking that the third party will make the means available for this specific contract
• After the award intent: all certificates of the third party normally requested from a bidder for the criterion invoked

A mere subcontracting agreement does not suffice as an undertaking — the Belgian Council of State requires an express, unconditional commitment to make resources available. When relying on educational or professional qualifications or professional experience, the third party must carry out itself the works or services for which those qualifications are required (consequence of the CJEU’s Esaprojekt ruling and subsequent Belgian case-law).

For the practical mechanics, see the article on reliance on third parties and consortia.

Subcontractors

At bid submission, state the identity, CBE number and the share of the contract awarded in subcontracting, if the tender specification requires it. For nominated subcontractors — expressly imposed or explicitly named — the subcontractor also files an ESPD. In fraud-sensitive sectors (construction, cleaning, meat processing) the authority must check the exclusion grounds of direct subcontractors and, if a mandatory exclusion ground arises, request replacement.

Foreign bidders

Equivalent documents

Article 73 §3 PPA 2016 obliges the contracting authority to accept an equivalent document from the country of establishment when the Belgian certificate does not exist in that country. The authority assesses equivalence. eCertis — the European database managed by the Commission — is the reference instrument: per Member State, it shows the documents issued for each required piece of evidence.

Apostille and legalisation

• Countries party to the Hague Apostille Convention of 5 October 1961: an apostille suffices. Belgium has issued electronic apostilles since 2018.
• Countries outside the Convention: full legalisation via the Belgian embassy on site, followed by ratification by the FPS Foreign Affairs.
• Cost in Belgium: €20 per document.
• Translation: documents in a language other than Dutch, French, German, English, Spanish, Italian or Portuguese require a sworn translation.

Recent changes (2023–2026)

The “only once” principle — Act of 22 December 2023

Since 1 February 2024 the contracting authority may no longer request documents it can retrieve via Telemarc or another freely accessible database, or that it already holds from an earlier contract. For SMEs that bid regularly this lightens the administrative burden — verify nonetheless that the authority actually applies the principle. Some tender specifications continue to ask for documents already in their possession.

Renewed e-Procurement platform and integrated ESPD tool

Since 31 March 2024, e-Notification, e-Tendering, e-Catalogue and the ESPD tool are integrated into a renewed e-Procurement platform. The substantive structure of the ESPD does not change, but the interface and workflow are smoother.

e-Invoicing mandatory for all contracts

Since 1 March 2024, e-invoicing via Peppol is mandatory for all public procurement contracts, regardless of amount. The former exception for contracts below €30,000 has been removed. Account for this in your administrative preparation — paper invoices or PDFs without a Peppol flow are refused.

Telemarc extensions

Recent versions of Telemarc offer bulk queries (multiple CBE numbers in one request), CBE validation and improved accessibility. For current functionality and newly connected sources, consult the BOSA release notes on bosa.belgium.be.

Common mistakes

Starting after the award intent. The 10-to-15-day deadline to supply all evidence is tight. Keep your dossier permanently updated and archive certificates the moment you receive them.

Expired insurance certificate. A policy certificate older than 12 to 18 months is legally fragile under settled case-law. Request a current certificate in good time.

Forgetting the criminal record for directors. The exclusion ground applies to the legal person and to every director, manager or attorney-in-fact. In a temporary partnership: also to the directors of all members.

Subcontracting agreement as capacity proof. The Belgian Council of State requires an express commitment to make resources available. Provide a separate undertaking.

No Limosa check as main contractor. As main contractor you must report a missing or invalid Limosa declaration of a foreign subcontractor — otherwise you are co-liable.

Assuming Telemarc covers everything. Telemarc is structured but incomplete. Always check yourself which certificates you still have to supply in addition to what the authority retrieves via Telemarc.

Sources

• Belgian Public Procurement Act of 17 June 2016 — BOSA
• Royal Decree on Placement of 18 April 2017 — BOSA
• Belgian Act of 22 December 2023 (SME access) — Official Gazette
• BOSA — Telemarc
• BOSA — European Single Procurement Document (ESPD)
• FPS Justice — Central Criminal Record
• FPS Finance — Certificate for public procurement
• NSSO — Certificates for public procurement
• National Bank — Central Balance Sheet Office
• FPS Economy — Recognition of contractors
• Limosa — declaration obligation
• FPS Foreign Affairs — legalisation and apostille
• eCertis — European guide to equivalent supporting documents
• Publius — Validity of insurance certificates in bids
• Publius — Subcontracting agreement as capacity undertaking
• Lydian — SME access after the Act of 22 December 2023