Compliance requirements
The bidder is excluded if any exclusion ground listed in Section 95(1) of the Public Procurement Act applies. The contracting authority may also exclude a bidder if a previous public contract, a contract with a utility-sector contracting authority, or a previous concession contract was seriously or repeatedly breached so that the contract was terminated, rescinded, the price was reduced, damages were paid, or a penalty was imposed.
The bidder must confirm that neither the bidder nor members of its management, administrative or supervisory bodies have been finally convicted within the last five years for corruption, terrorist offences, fraud, money laundering or terrorist financing, child labour or other forms of human trafficking. If such a ground exists, the date of conviction, the reason, the convicted person, the duration of exclusion and, where relevant, self-cleaning measures must also be provided.
The bidder must also confirm that it will not use a subcontractor in contract performance who would have to be replaced under Section 122(7), and that it will not involve subcontractors or suppliers linked to the Russian Federation for more than 10% of the contract value. Goods that are the object of international sanctions are not allowed. The machine-readable notice did not include precise exclusion grounds; these must be checked in the tender documents.