Compliance requirements
The tenderer must confirm that neither it nor members of its representative, management or supervisory bodies are subject to exclusion grounds. These include, among other matters, final convictions for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and illegal employment of children or human trafficking. The tenderer must also have no outstanding tax or social security payment obligations; the stated threshold for taxes and social security contributions is EUR 0, subject to the exceptions described in the ESPD.
The exclusion grounds also cover bankruptcy, insolvency or liquidation proceedings, arrangements with creditors, suspended business activity, serious professional misconduct, agreements distorting competition, conflicts of interest, previous serious contract breaches, and the submission of false information or failure to provide required documents. The tenderer must also confirm that the bid and the goods offered do not breach international sanctions. If subcontractors or suppliers are used, their share may not exceed 10% of the contract value where they fall within the Russia-related sanctions categories described in the tender documents. In certain cases, a tenderer may submit evidence of measures taken to restore its reliability; the exact applicability must be verified in the tender documents.