Compliance requirements
A bidder will be excluded if the company or any member of its management, supervisory or legal representative body has been convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, terrorist financing, unlawful employment arrangements, illegal use of child labour or trafficking in human beings. Exclusion also applies where the bidder has outstanding state taxes, public charges or environmental charges, or tax and social security debts under the law of its country of establishment, or where awarding the contract would breach an international or government sanction. The contracting authority may also exclude a bidder for breaches of environmental, social or labour law obligations; bankruptcy, liquidation or a comparable situation; serious professional misconduct; local tax debt; anti-competitive agreements; an unavoidable conflict of interest; an unjustified advantage arising from involvement in preparing the procurement; substantial or repeated breaches of previous public contracts; false information; attempts to influence the contracting authority or submission of misleading information; tax offences; or lack of the right to submit a bid. The bidder must submit a confirmation that no exclusion grounds apply.
Qualification criteria and exclusion grounds
The bidder must not have substantially breached administrative contracts concluded with it and must not be in circumstances that could lead to permanent insolvency or termination of its activities. All bidders participating in a joint bid must meet these conditions and provide the relevant confirmations; these conditions do not apply to public-law entities. The bid must include the address(es) of the training venue, including the bidder’s training facility where applicable, and the curriculum using the form in Annex 2 to the procurement documents. The bidder must confirm that the bid complies with the tender documents; where applicable, equivalence must be explained and supporting evidence must be submitted. If the bid contains trade secrets, the bidder must describe the information designated as a trade secret and justify that designation. The bid price, lot prices and relevant numerical figures used for evaluation may not be designated as trade secrets. Joint bidders must appoint an authorised representative from among themselves and submit a power of attorney. The bidder must confirm that concluding the contract and providing the service will not breach sanctions and that the service will not use persons, goods or services subject to sanctions. A bidder registered abroad must, where required, submit a copy of the relevant licence or proof of membership in the relevant organisation, a link to a public register where this can be verified, and the licence number.