Compliance requirements
The tenderer must declare whether it or its representatives have relevant final convictions within the past five years, including participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and child labour or human trafficking. Other grounds include breaches of tax or social security payment obligations; breaches of environmental, social or labour law; bankruptcy, insolvency, liquidation, agreements with creditors, similar proceedings, administration of assets by a liquidator or court, or suspended business activity; serious professional misconduct; anti-competitive agreements; conflicts of interest that cannot otherwise be avoided; involvement in preparing the procurement where an advantage cannot otherwise be neutralised; serious or repeated failures under earlier contracts resulting in early termination, damages or comparable sanctions; and false or misleading information, failure to provide required information or documents, or attempts to obtain confidential information improperly.
National grounds also include enabling a person without lawful residence to work, being subject to international sanctions, local tax arrears owed in the contracting authority’s location, and convictions for tax offences. The tenderer may, where permitted, provide evidence of remedial measures to demonstrate its reliability. The notice states that a tax arrears certificate is not issued for arrears below EUR 100 or where payment has been deferred; foreign tenderers are assessed under the rules of their country of establishment.