Compliance requirements
The bidder must confirm that neither the company nor its management, supervisory bodies or authorised representatives have been finally convicted within the last five years, or remain subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour and other forms of human trafficking. The bidder must also have fulfilled its tax and social security payment obligations. Exclusion grounds additionally cover breaches of environmental, social or labour law, bankruptcy, insolvency, liquidation or comparable situations, agreements with creditors, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement, serious or repeated failures under previous public contracts, false or misleading information, failure to submit required information or documents, and attempts to obtain confidential procurement information improperly. National exclusion grounds also concern enabling the employment of unlawfully staying foreign nationals, being subject to an international sanction, outstanding local tax liabilities to the contracting authority’s municipality and convictions for tax offences. Where an exclusion ground applies, the bidder may, where legally permitted, provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must demonstrate technical and professional capacity by submitting a list, using Form 2, of at least one similar service contract completed during the 36 months preceding the start of the procurement. The list must include the contract value, dates, the bidder’s area of responsibility, the contracting authority and contact details, and other information required by the form. The contracting authority may also consider older experience where permitted by law. No specific turnover or financial-capacity threshold is stated in the provided documents. The bidder must submit the required bidder declarations using Form 3. A power of attorney using Form 4 is required if the person signing the tender on behalf of the bidder is not authorised to represent the bidder by law. In the case of a joint tender, the joint bidders must appoint an authorised representative and submit the relevant power of attorney using Form 5.