Compliance requirements
The tenderer must confirm that neither it nor its representatives or members of its administrative, management or supervisory bodies have received a final conviction within the last five years for, among other things, participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, child labour or human trafficking. Compliance with tax and social security payment obligations is also checked.
The exclusion grounds also cover bankruptcy, insolvency or liquidation proceedings, agreements with creditors, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement procedure, and material breaches of previous contracts resulting in early termination, compensation or sanctions. The tenderer must also not have submitted false information, failed to provide required information or documents, or attempted to improperly influence the contracting authority.
The tenderer must confirm compliance with environmental, social and labour law obligations and confirm that neither it nor the relevant representatives have committed offences involving the employment of unlawfully staying foreign nationals, tax offences or other offences specified in the Public Procurement Act. Where an exclusion ground applies, evidence of remedial measures may be submitted in certain circumstances if permitted by the applicable law and tender conditions.