Compliance requirements
The bidder and its management, representative or supervisory personnel must not be subject to exclusion grounds relating to participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, illegal child labour or human trafficking. In general, the grounds cover final convictions within the previous five years or an exclusion obligation that remains in force.
Grounds may also include failure to pay taxes or social security contributions; bankruptcy or another insolvency or liquidation situation; assets being administered by a liquidator or court; suspended business activity; serious professional misconduct; an agreement distorting competition; an unavoidable conflict of interest; or participation in preparing the procurement that creates an unjustified advantage. A bidder may also be excluded for a significant breach of a previous public contract that resulted in early termination, damages, a price reduction or a contractual penalty.
Other grounds include providing false information, failing to provide required information or additional documents, improperly influencing the contracting authority’s decision-making, or seeking confidential information to gain an unjustified advantage. Exclusion grounds also cover breaches of environmental, social or labour obligations; enabling a foreign national to work without a legal basis; circumstances involving a breach of international sanctions; and convictions for tax offences. A participation restriction based on the bidder’s place of establishment or residence may also apply if set out in the tender documents. Where permitted by law, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
To qualify, the bidder’s total net turnover must have been at least EUR 50,000 in each of the up to three financial years completed by the start of the procurement. The relevant period depends on when the bidder was established or began trading and on the availability of turnover data. The contracting authority may request extracts from annual accounts if the information is not publicly available.
During the 36 months preceding the start of the procurement, the bidder must have performed at least two contracts. Each contract must have been worth at least EUR 25,000 excluding VAT and must have covered the sale and installation of window coverings and/or the rental, leasing or hire of window coverings together with installation. The bidder must provide a list of the contracts, including their values, dates and the other contracting parties. The authority may request confirmations from the other parties if the information is not publicly available. Contracts need not be fully completed, provided the required scope was performed during the relevant period.
The bid must be prepared and submitted in accordance with the tender documents and include all required information, documents, confirmations and forms. It must include the completed window-covering description (Annex 1, Form A), bidder declarations (Form B) and bid form (Form C). The total contract price must be stated in euros excluding VAT. The bidder must identify and justify any confidential business information; the bid price and figures relating to the award criteria may not be classified as trade secrets. For a joint bid, a power of attorney appointing a representative for the joint bidders must be provided. Check the tender documents for the detailed formatting and submission requirements.