The ESPD when bidding for a Belgian public contract
In Belgium, the ESPD is a self-declaration on exclusion grounds and on capacity. It is mandatory above the European thresholds, attached to the tender or the request to participate (Article 73 of the law of 17 June 2016). Below that, the tender is a declaration on honour. It is completed on the BOSA ESPD service, or in e-Procurement.
Updated
The ESPD is a self-declaration attached to the tender or request to participate above the European thresholds. Below, the tender is a declaration on honour.
What the ESPD is
The ESPD (European Single Procurement Document) is a self-declaration by the company about its situation: exclusion grounds, its financial capacity and its technical abilities. It is used as preliminary evidence.
Contracts at European level
The ESPD is mandatory for contracts at European level, above the European thresholds. It must be completed and attached to the tender or the request to participate. The legal basis is article 73 of the law of 17 June 2016 on public procurement: Law of 17 June 2016, art. 73 (Justel)
The European and Belgian thresholds in force from 1 January 2026 to 31 December 2027 are here: Thresholds 2026-2027
Contracts under Belgian publicity
For contracts under Belgian publicity, below the European thresholds, simply submitting the tender or the request to participate counts as an implicit declaration on honour that the company is not in an exclusion case.
If the company relies on corrective measures for an exclusion ground, the implicit declaration does not cover that ground. It must describe the measures taken in writing.
Télémarc
The public buyer consults certain certificates free of charge in Télémarc, in particular tax and social debts. The company therefore does not have to attach them.
For other documents, for example an extract from the criminal record, the buyer must request them explicitly in the procurement documents. The texts TED publishes on the documents to submit are here: Documents to submit
How the ESPD is prepared
The buyer draws up an « ESPD request »: the applicable exclusion grounds and selection criteria. The company imports that request, completes the « ESPD response » and attaches it to its tender.
The XML format makes it possible to reuse an ESPD from one contract to another. The concrete requirements of the selection criteria remain in the specification.
The notice is read first in a useful order: How to read a TED notice
Where to complete it
It is completed on the BOSA ESPD service. Since 31 October 2025, the ESPD can also be completed directly in the submission area of e-Procurement, tab « 1d – DUME ». The final PDF is added automatically to the submission documents after finalisation.
Where to submit a tender for a TED notice that is still open is here: Where to submit a bid
Group of companies
In a group of companies, each member submits a separate ESPD, for parts II to IV.
Common questions
Is the ESPD mandatory for every Belgian public contract?
No. It is mandatory for contracts at European level, above the European thresholds. It must then be completed and attached to the tender or the request to participate.
What does the tender count for under Belgian publicity?
Simply submitting the tender or the request to participate counts as an implicit declaration on honour that the company is not in an exclusion case. If the company relies on corrective measures for an exclusion ground, that declaration does not cover the ground: it must describe the measures taken in writing.
Must certificates of tax and social debts be attached?
No. The public buyer consults them free of charge in Télémarc. The company does not have to attach them. For other documents, for example an extract from the criminal record, the buyer must request them explicitly in the procurement documents.
Where is the ESPD completed?
On the BOSA ESPD service. Since 31 October 2025, it can also be completed directly in the submission area of the e-Procurement platform, tab « 1d – DUME ». The final PDF is added automatically to the submission documents after finalisation.
Sources
Law of 17 June 2016, art. 73 (Justel) Union of Walloon Cities and Municipalities Public procurement in Wallonia, digital tools BOSA, ESPD service manual (companies) BOSA ESPD service
This note describes public documents and how AOEX works. It is not legal advice.
Edited by aoex.
