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 given 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 competence to represent or control or take decisions in such bodies been convicted by a final judgment for fraud by a judgment handed down no more than five years ago, or a disqualification period set out directly in the judgment which is still in force?
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 competence to represent or control or take decisions in such bodies been convicted by a final judgment for money laundering or terrorist financing by a judgment handed down no more than five years ago, or a disqualification period set out directly in the judgment which is still in force?
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 has powers to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for participation in a criminal organisation by a judgment handed down not more than five years ago, or a period of disqualification directly laid down in the judgment which is still in force? Participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42)
Terrorist offences or offences linked to terrorist activities
:
Has the supplier himself 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 terrorist offences or criminal offences linked to terrorist activity by a judgment handed down not more than five years ago, or for a period of exclusion directly set out in the judgment which is still in force? Terrorist offences or criminal offences linked to terrorist activity as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164 of 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.
Child labour and including other forms of trafficking in human beings
:
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).
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
:
Is the supplier aware of a conflict of interest as specified in national law, the relevant notice or the procurement documents?
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 fulfil all of its obligations to pay social security contributions both 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?
Breaching obligation relating to payment of taxes
:
Has the supplier failed to fulfil all of its obligations to pay taxes and duties both in the country in which it is established and in the contracting authority's Member State, if this is a different country from the one in which it is established?
Business activities are suspended
:
Has the supplier's business been suspended?
Bankruptcy
:
Is the supplier in a situation of bankruptcy? Please indicate why, in the circumstances mentioned, the supplier is nevertheless able to perform the contract, taking into account the applicable national provisions and measures concerning the continuation of business activities? This information is not necessary if the rejection of suppliers in such a situation is made mandatory under applicable national law without the possibility of derogation, when the supplier is nevertheless able to perform the contract.
Arrangement with creditors
:
Is the supplier in a situation where he has been forced into debt settlement? Please indicate why, in the circumstances mentioned, he is 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 to provide if the rejection of suppliers in such a situation is made mandatory under applicable national law without the possibility of exception, when the supplier is nevertheless able to perform the contract.
Insolvency
:
Is the supplier in a situation of insolvency? Please indicate why, in the circumstances mentioned, the supplier is nevertheless able to perform the contract, taking into account the applicable national provisions and measures concerning the continuation of business activities? This information is not necessary if the rejection of suppliers in such a situation is made mandatory under applicable national law without the possibility of derogation, when the supplier is nevertheless able to perform the contract.
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 required if the rejection of suppliers in such a situation is made mandatory under applicable national law without the possibility of derogation, when the supplier is nevertheless able to perform the contract.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
:
Is the supplier in a similar situation under a corresponding procedure provided for in national law? See national law, the relevant notice or the procurement documents.