Compliance requirements
The ESPD requires the bidder to declare whether it or its relevant representatives have been convicted within the past five years of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the use of child labour or other forms of human trafficking. It also asks about unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation or similar circumstances; suspension of business; serious professional misconduct; agreements that distort competition; conflicts of interest or involvement in preparing the procurement; and early termination, damages or comparable sanctions under previous contracts. Declarations are also required concerning false or withheld information, failure to provide requested documents, attempts to obtain confidential information, and breaches of environmental, social or labour obligations. National grounds include enabling the unlawful employment of foreign nationals, being subject to international sanctions, tax-related offences, and restrictions on eligibility to participate. Where a ground applies, the ESPD provides for information about any measures taken to restore the bidder's reliability, where permitted.
The bidder must also confirm that it will not involve, for more than 10% of the contract value, subcontractors or suppliers that are Russian nationals, residents or entities established in Russia, are more than 50% owned by such persons or entities, or act on their behalf or under their direction. The offered goods must not be subject to international sanctions or originate from sanctioned regions.