Compliance requirements
The bidder must confirm that the company, its management, administrative or supervisory body members, and authorised representatives have not received relevant final convictions within the last five years and are not subject to an ongoing exclusion obligation for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour and human trafficking. Compliance with tax and social security payment obligations is also checked; the document states a threshold of EUR 0 for both, while noting that a tax arrears certificate may not be issued in certain cases involving arrears below EUR 100 or deferred arrears. Other possible exclusion grounds include bankruptcy, insolvency or liquidation proceedings, an agreement with creditors, assets administered by a liquidator or court, suspended business activity, serious professional misconduct, anti-competitive agreements, conflicts of interest or an unfair advantage gained during preparation of the procurement. The rules also cover material or repeated breaches of previous public contracts, false statements, failure to provide information or requested documents, and breaches of environmental, social or labour law. Additional national exclusion grounds concern enabling the employment of a foreign national without a lawful basis, being subject to international sanctions, convictions for tax offences and restrictions on participation based on the bidder’s place of establishment. Where an exclusion ground applies, the bidder may, where permitted, submit evidence of measures taken to restore its reliability.