Sources of grounds for exclusion
:
Notice
Corruption
:
Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for corruption by a judgment delivered not more than five years ago, or a disqualification period directly set out in the judgment which is still in force? Corruption as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 1) and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This ground for refusal also includes corruption as defined in the national law of the contracting authority or supplier.
Fraud
:
Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for fraud by a judgment delivered not more than five years ago, or a disqualification period set out directly in the judgment which is still in force? Fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
Money laundering or terrorist financing
:
Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a final judgment for child labour and other forms of trafficking in human beings by a judgment handed down no more than five years ago, or a disqualification period directly set out in the judgment which is still in force? Child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
Participation in a criminal organisation
:
Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body, or who has powers of representation, control or decision-making in such bodies, been convicted by a judgment which has the force of res judicata for money laundering or terrorist financing, by a judgment given no more than five years ago, or a period of disqualification expressly provided for in the judgment but which is still in force? Money laundering or terrorist financing As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Terrorist offences or offences linked to terrorist activities
:
Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body, or has the power to represent, control or take decisions in such bodies, been convicted by a judgment which has the force of res judicata for terrorist acts or criminal offences linked to terrorist activities by a judgment handed down no more than five years ago, or for a period of exclusion expressly stated in the judgment which is still in force? Terrorist acts or criminal offences linked to terrorist activities as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This ground for exclusion also includes incitement to, aiding and abetting or attempting to commit such acts as referred to in Article 4 of that Framework Decision.
Breaching of obligations in the fields of environmental law
:
Is the supplier known to have committed violations of environmental provisions as set out in national law, the relevant notice or procurement documents or Article 18(2) of Directive 2014/24/EU?
Breaching of obligations in the fields of labour law
:
Is the supplier known to have committed a breach of provisions on employment conditions as set out in national law, the relevant notice or procurement documents or Article 18(2) of Directive 2014/24/EU?
Breaching of obligations in the fields of social law
:
Is the supplier known to have committed a breach of provisions on social conditions as set out in national law, the relevant notice or procurement documents or Article 18(2) of Directive 2014/24/EU?
Agreements with other economic operators aimed at distorting competition
:
Has the supplier entered into an agreement(s) with other suppliers with the intention of distorting competition?
Grave professional misconduct
:
Has the supplier been guilty of grave professional misconduct? If applicable, refer to definitions in national law, the relevant notice or the procurement documents.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
:
Has the supplier: a) provided grossly incorrect information when providing the information required to verify that there are no grounds for rejection, or that the qualification requirements have been met, b) failed to provide such information, c) reserved the right to immediately submit the supporting documents requested by the contracting authority, or d) improperly influenced the contracting authority's decision-making process in order to acquire confidential information that may give it an unfair advantage in connection with the competition, or has negligently provided misleading information that may have a significant influence on decisions on rejection, selection or award?
Conflict of interest due to its participation in the procurement procedure
:
Is the supplier aware of a conflict of interest as specified in national law, the relevant notice or the procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure
:
Has the supplier or a company affiliated with the supplier provided advice to the client or otherwise been involved in the planning of the competition?
Early termination, damages, or other comparable sanctions
:
Has the supplier committed a material breach of contract in connection with the performance of a previous public contract, a previous contract with a public contracting authority or a previous concession contract, where the breach has led to termination of the contract, compensation or other similar sanctions?
Breaching obligation relating to payment of social security contributions
:
Has the supplier failed to meet all of his obligations to pay social security contributions both in the country in which he is established and in the client's agreement, if this is a different country than the one in which he is established?
Breaching obligation relating to payment of taxes
:
Has the supplier failed to fulfil its obligations to pay taxes and duties in the country in which it is established, and in the contracting authority's Member State, if this is a different country than the one in which it is established?
Business activities are suspended
:
Please indicate why, in the circumstances mentioned, you are nevertheless able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.
Bankruptcy
:
Is the supplier in a bankruptcy situation? Please indicate why, in the circumstances mentioned, the contract is still able to be performed, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.
Arrangement with creditors
:
Is the supplier in a situation where he has been forced into debt settlement? Please indicate why, in the circumstances mentioned, the contract is still able to be performed, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.
Insolvency
:
Is the supplier in a situation of insolvency? Please indicate why, in the circumstances mentioned, the contract is nevertheless able to be performed, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.
Assets being administered by liquidator
:
Please indicate why, in the circumstances mentioned, you are nevertheless able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
:
Is the supplier in a situation where he has been forced into debt settlement? Please indicate why, in the circumstances mentioned, the contract is still able to be performed, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not necessary if the rejection of suppliers is made mandatory under applicable national law without the possibility of derogation.