Compliance requirements
The bidder must confirm that neither the bidder nor its representatives, management, supervisory body members or authorised persons have been convicted in the last five years, or remain subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and other forms of human trafficking.
The bidder must not have outstanding tax or social security payment obligations. The stated threshold for both tax and social security payment debts is EUR 0. The exclusion checks also cover agreements with creditors, bankruptcy or similar insolvency proceedings, liquidation, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement, serious or repeated breaches of previous public contracts, misleading or omitted information, failure to provide requested documents, and attempts to obtain confidential information or improperly influence the contracting authority.
Additional national exclusion grounds concern employing a foreign national without a legal basis or in breach of the applicable employment conditions, contracts with entities subject to international sanctions, and convictions for tax offences. Where an exclusion ground exists, the bidder may provide evidence of remedial measures where this is permitted by the applicable rules or tender documents. The bidder must also confirm that the offered goods are not subject to international sanctions and that restricted Russian-related subcontractors or suppliers will not account for more than 10% of the contract value.
Qualification criteria and exclusion grounds
For each lot offered, the bidder must have at least one maintenance technician trained by the manufacturer to maintain and repair the offered equipment. If one technician is not trained for all offered equipment, enough technicians must be provided so that each device is covered by at least one suitably trained technician. Copies of manufacturer-issued training certificates or attestations must be submitted with the tender.
The bidder must be an official representative of the offered equipment and must provide a document proving representation rights issued by the manufacturer or, where the manufacturer is outside the European Union, by the manufacturer’s authorised representative. Documents confirming any further delegation of authority must also be provided where applicable.
The offered equipment must bear the CE marking and comply with Regulation (EU) 2017/745. The bidder must submit declarations of conformity and, where applicable, conformity certificates or copies thereof.
For each device, the bidder must submit manufacturer-issued technical data and/or an instruction manual enabling the contracting authority to verify compliance with the technical requirements of the relevant lot. Maintenance plans for both the warranty period and the post-warranty period must also be submitted, specifying preventive maintenance frequency, expected duration, work to be performed, and maintenance accessories, spare parts and consumables to be replaced.
The tender must comply with the procurement documents and the technical specification for the relevant lot. If an equivalent solution is offered, the bidder must explain its equivalence and provide supporting evidence. Prices must be submitted in the required structure and must include delivery, installation, commissioning, training, warranty repairs and other required obligations, as well as nine years of post-warranty preventive maintenance and 300 hours of repair work. The quoted prices must be final and must not give rise to additional payments.
The bidder must submit the participation application using Annex 10, Form II. In a joint tender, an authorisation and confirmation of joint and several liability in accordance with Annex 10, Form I must be included. Any trade secrets must be identified and justified, but the tender price and lot prices cannot be classified as trade secrets.