Compliance requirements
The bidder must confirm that the bidder, its management and supervisory body members, and persons authorised to represent or control it have not received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorism, money laundering, terrorist financing, unlawful use of child labour or human trafficking-related offences. The bidder must also declare proper payment of taxes and social security contributions and confirm that it is not bankrupt, being liquidated, subject to insolvency proceedings or in a comparable situation, and that its business activities have not been suspended. Grounds for exclusion may also include an agreement with creditors, serious professional misconduct, anti-competitive agreements, a conflict of interest, material breach or early termination of previous public contracts, submission of false information, failure to provide information or attempts to improperly influence the contracting authority’s decision-making process. Compliance with environmental, social and labour law obligations is also checked, together with national exclusion grounds concerning, among other things, enabling an unlawfully staying foreign national to work, situations involving breaches of international sanctions and tax-related offences. Where an exclusion ground applies, evidence of remedial measures restoring the bidder’s reliability may be submitted where permitted.