Compliance requirements
The bidder must confirm in the ESPD that neither it nor its management or supervisory board members or authorised representatives have received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or offences involving child labour or human trafficking. The confirmations also cover the payment of taxes and social security contributions.
The exclusion grounds also include bankruptcy, insolvency or liquidation proceedings, arrangements with creditors, suspended business activity, serious professional misconduct, agreements restricting competition, conflicts of interest, serious breaches of previous public contracts, and the submission of false information or failure to submit required documents. Compliance with environmental, social and labour-law obligations is also checked, as are national exclusion grounds concerning unlawful employment, international sanctions, tax offences, local tax debts owed in the contracting authority’s location and participation restrictions.
Where an exclusion ground applies, the bidder may, where permitted, submit evidence of measures taken to restore its reliability. Tax and social security obligations must have been fulfilled or covered by a binding payment arrangement.
Qualification criteria and exclusion grounds
The machine-readable notice does not specify concrete requirements concerning turnover, previous experience, staff numbers, certificates or other financial capacity. The bidder must submit the ESPD and all confirmations and documents required in the tender documents.
The tender must comply with the technical specification and include the properly completed form “Annex 1. Technical specification and compliance table for spike needles”. The offered goods must meet the requirements set out in the technical specification. The bidder must provide the contracting authority with five samples of the offered product by the deadline and in the manner specified in the tender documents; the samples must be the same product offered in the tender.
The tender price must be submitted in the structure required on the specified pricing sheet. Conditional tenders are not permitted. Where necessary, equivalence must be explained and supporting evidence provided. The tender must include the details of the contract signatory and contact person and, where an authorised representative will sign, the power of attorney.
The bidder must confirm that it will not use subcontractors or suppliers accounting for more than 10% of the contract value if they are Russian nationals, residents or entities established in Russia, entities more than 50% owned by them, or representatives or instructed entities of such persons. The bidder must also confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. A joint tender must include a power of attorney for the joint bidders. Any business secret must be described and justified; the tender price may not be classified as a business secret.