Compliance requirements
The bidder must confirm that neither the bidder nor its representatives or members of its management or supervisory bodies have, during the last five years, been finally convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, terrorist financing, child labour or human trafficking offences. An exclusion ground may also apply where such a judgment still includes an applicable exclusion period.
The bidder must confirm compliance with tax and social security payment obligations. Exclusion may also result from breaches of environmental, social or labour law, bankruptcy, liquidation or another insolvency situation, assets being administered by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, an unavoidable conflict of interest or unjustified involvement in preparing the procurement.
An exclusion ground may also arise from a serious or repeated breach of a previous public contract resulting in early termination, damages, a price reduction or a contractual penalty. The bidder may also be excluded for submitting false information, failing to provide required information or documents, improperly influencing the contracting authority’s decision-making process or obtaining confidential information. National grounds additionally cover enabling an unlawfully staying foreign national to work and situations involving international sanctions. In certain cases, the bidder may submit evidence of remedial measures demonstrating restored reliability where this is permitted under the applicable rules.