Compliance requirements
Exclusion may apply if the bidder or a person authorised to represent, manage or control it has a relevant final conviction within the past five years, including for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour and human trafficking. It may also apply for breaches of tax or social security payment obligations; environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or comparable situations; serious professional misconduct; competition-distorting agreements; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; or significant or repeated failures under previous public contracts that led to early termination, damages or comparable sanctions. Exclusion grounds also include false or misleading information, withholding required information or documents, improperly obtaining confidential information, enabling the unlawful employment of a foreign national, being subject to international sanctions, and convictions for tax offences.
The bidder must declare whether any exclusion ground applies. Where permitted, it may provide evidence of measures taken to restore its reliability; this possibility applies to procurements above the international threshold or where the tender documents provide for it. First-tier subcontractors are also checked for the specified exclusion grounds during contract performance; second- and subsequent-tier subcontractors are not checked under the stated conditions.