Compliance requirements
The bidder must confirm that neither it nor its management, supervisory or authorised representatives are subject to relevant criminal convictions, including participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the illegal use of child labour or other forms of human trafficking. Convictions generally relevant within the previous five years or subject to an ongoing exclusion period must be disclosed, together with any available information on remedial measures.
The bidder must not have outstanding tax or social-security payment obligations. The notice states that, under the Taxation Act, a tax-debt certificate is not issued where the total debt administered by the same tax authority, excluding interest not determined by an administrative act, is below EUR 100 or where payment has been deferred. Any breach and subsequent settlement or binding arrangement must be disclosed where applicable.
Additional grounds concern breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or comparable situations; suspension of business; serious professional misconduct; anti-competitive agreements; conflicts of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; serious or repeated breaches of previous public contracts; false or omitted information; failure to provide requested documents; and attempts to improperly influence the procurement or obtain confidential information. The bidder must also confirm compliance with the national exclusion grounds concerning unlawful employment of foreign nationals, international sanctions and convictions for tax offences.
The bidder must comply with the applicable EU sanctions restriction on subcontractors and suppliers: no more than 10% of the contract value may be performed by entities covered by the specified Russian ownership, nationality, residency or control criteria. The procurement documents should be checked for the complete wording and application of all exclusion grounds.