Compliance requirements
The bidder must confirm that neither it, nor its management or supervisory body members, proxies, or other authorised representatives or controllers have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism, money laundering or terrorist financing, or offences involving child labour or human trafficking. Where a relevant conviction exists, the required details and, where applicable, a description of remedial measures restoring reliability must be provided.
The bidder must not have outstanding taxes or social security contributions. The company must also not be bankrupt, in liquidation, subject to insolvency proceedings, in an arrangement with creditors, in a comparable situation, under the administration of a liquidator or court, or have suspended business activities. Grounds for exclusion may also include breaches of environmental, social or labour law, serious professional misconduct, agreements restricting competition, a conflict of interest, or material or repeated breaches of previous public contracts resulting in early termination, damages or another sanction.
The bidder may be excluded for submitting false information, failing to provide required information or additional documents, improperly influencing the contracting authority’s decision-making, or seeking confidential information. National exclusion grounds may also apply in relation to enabling the employment of an unlawfully staying foreign national, being subject to an international sanction or entering into a sanctions-related contract, conviction for tax offences, local tax debt owed in the contracting authority’s area, or restrictions on participation in the procurement.
For the verification of exclusion grounds, the bidder must provide the names and personal identification codes of authorised persons who are not visible to the contracting authority in the company’s register card, or confirm that no such persons exist. The tender must confirm the absence of corrupt acts and that the bidder will not involve subcontractors or suppliers accounting for more than 10% of the contract value who are Russian nationals, residents or entities established in Russia, entities owned by them by more than 50%, or persons acting as their representatives or under their instructions. The bidder must also confirm that the offered goods are not subject to international sanctions and do not originate from a sanctioned region. A joint tender must include a power of attorney appointing the authorised representative of the joint bidders.
The bidder must declare any business secrets and provide reasons for the classification. The tender price and other numerical figures relevant to the evaluation may not be classified as business secrets. If a joint tender is submitted, the required power of attorney must be included.