Compliance requirements
The bidder and its representatives must confirm that no exclusion grounds apply, including final convictions for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or other forms of human trafficking.
Exclusion may also result from failure to meet tax or social security payment obligations. The threshold for tax and social security debt is EUR 0, although the tax authority does not issue a debt certificate for debt below EUR 100 or for rescheduled tax debt. The bidder must also confirm that the obligations have been fulfilled or that a binding payment agreement is in place.
The contracting authority will also examine bankruptcy, liquidation, insolvency or similar proceedings, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, an advantage arising from involvement in preparing the procurement, early termination or sanctions under previous contracts, and the submission of false information or failure to provide required documents. Other possible grounds include breaches of environmental, social or labour law obligations, violations concerning the employment of unlawfully staying foreign nationals, breaches of international sanctions and tax offences.
The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. The bidder must also not involve, for more than 10% of the contract value, subcontractors or suppliers who are Russian citizens, residents or entities established in Russia, or entities owned or controlled by or acting on the instructions of such persons. Where permitted by the tender documents, the bidder may provide evidence of remedial measures restoring its reliability if an exclusion ground applies.