Compliance requirements
The tenderer must confirm that none of the exclusion grounds apply to the company or its relevant representatives. These include final convictions within the relevant period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking. Exclusion grounds also cover breaches of tax or social security payment obligations, bankruptcy or insolvency, liquidation, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement that creates an unavoidable competitive advantage, serious or repeated breaches of previous public contracts, and false or missing information or failure to submit requested evidence.
The company must also confirm compliance with the national exclusion grounds concerning unlawful employment of foreign nationals, international sanctions and convictions for tax offences. The tax and social security payment criteria have a threshold of EUR 0. Where an exclusion ground applies, the tenderer may provide information about remedial measures restoring its reliability where permitted by the applicable rules.
The tenderer must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. It must also confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers that are Russian nationals, residents or entities established in Russia, entities more than 50% directly or indirectly owned by such persons or entities, or representatives or instructed entities of such persons or entities. A tender may be rejected if the resulting contract would be void under the applicable sanctions legislation.