Tender: declaration of no Russian involvement

At FHI, we receive questions from members about new conditions in tender procedures, particularly at UMCs, as a result of the sanctions package against Russia. Based on the imposed sanctions, can a contracting authority ask a contractor for a statement to ensure that there is no Russian involvement?  

Declaration

If you participate in tenders as a contractor, you will of course have to deal with the obligations under the sanctions regulation with the specifications, also in the case of purchasing groups. To ensure that there is no Russian involvement, contracting authorities now regularly contact FHI members with the request to sign the aforementioned statement indicating that you comply with the sanctions. If you want to register for a tender, you must agree to the conditions. In this case the stated statement.

Contracts

Based on the European sanctions against Russia, current contracts with Russian parties concluded before April 9, 2022 must be terminated before October 10, 2022. And contracting authorities, including UMCs, are no longer allowed to enter into agreements with parties with Russian involvement. The sanctions also apply to tenders and current contracts where a Russian entrepreneur participates in the contract as a subcontractor or supplier for more than 10% of the value.

If you have any doubts as to whether you and your entire organisation and all supplies are complying with the sanctions, you can independently conduct (chain) research in (public) sources such as the Chamber of Commerce and possibly also draw up a statement yourself and submit it to your trading partners for signature.

Even if something changes, it is always important to check whether you are still acting in accordance with the sanctions regulation. You can then include a provision in new contracts to prohibit interim changes.

Questions & Contact

Do you have any questions regarding this message about your statement, obligation to investigate or, for example, how you can prevent yourself from registering for a tender even though there is cooperation with a Russian company? Read more about this on the website Pianoo. Or email your question to Bob van der Kamp legal@fhi.nl / 06 – 470 12 614.