Sources of grounds for exclusion
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Notice
Corruption
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I. Corruption (Regulations Regarding Public Procurement FOR-2016-08-12-974 § 24-2 (2) b)) The economic operator itself or any person who is a member of its administrative, management or supervisory body or powers of representation, decision or control therein has been the subject of a conviction by final judgement for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable. Corruption, as defined in the relevant legislation.
Fraud
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Fraud (Regulations Regarding Public Procurement FOR-2016-08-12-974 § 24-2 (2) c)) Fraud within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995)
Money laundering or terrorist financing
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Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15).
Participation in a criminal organisation
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Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42)
Terrorist offences or offences linked to terrorist activities
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Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of acts of terrorism or criminal acts connected to terrorist activities by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision.
Child labour and including other forms of trafficking in human beings
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Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of child labour and other forms of human trafficking by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1).
Breaching of obligations in the fields of environmental law
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Is the tenderer aware of breaches of environmental provisions as stated 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
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Is the tenderer aware of breaches of provisions on working conditions as stated 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
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Is the tenderer aware of breaches of provisions on social conditions as stated 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
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Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition?
Grave professional misconduct
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Grave professional misconduct means a violation of applicable laws or regulations or ethical standards of the profession to which a contractor or a related person belongs, including any conduct leading to sexual or other exploitation or abuse, or any wrongful conduct of the contractor or a related person which has an impact on its professional credibility where such conduct denotes wrongful intent or gross negligence.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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Have the tenderer:a) given grossly incorrect information when notifying the information required to verify that there is no basis for rejection, or of the qualification requirements being met,b) failed to provide such information,c) subject to immediately submitting the supporting documents requested by the Contracting Authority, ord) improperly affecting the Contracting Authority's decision process to acquire confidential information that could give this an unlawful advantage in connection with competition, or negligently has given misleading information that can have a significant influence on decisions on rejection, selection or award?
Conflict of interest due to its participation in the procurement procedure
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To prevent conflicts of interest, it's essential to have clear guidelines and requirements for officials involved in the procurement process to disclose their private interests and assets. Additionally, measures like excusing oneself from certain decision-making processes and prohibiting certain functions can help maintain integrit
Direct or indirect involvement in the preparation of this procurement procedure
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Direct involvement means actively participating in the creation, planning, or execution of the procurement process. This includes tasks like drafting specifications, evaluating bids, or making decisions about awarding contracts. If someone involved in these activities has a personal interest in the outcome, it can compromise the fairness and integrity of the process. Indirect involvement refers to situations where someone influences the procurement process without being directly part of it. This could include providing advice, recommendations, or having a relationship with a bidder that could affect impartiality. Even if the person isn't making decisions, their influence can still lead to biased outcomes.
Early termination, damages, or other comparable sanctions
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Comparable sanctions can include penalties, fines, or other corrective actions imposed to address deficiencies in contract performance. These measures aim to ensure accountability and encourage compliance with contract terms. Under regulations like the Public Contracts Regulations 2015, contracting authorities can exclude bidders from future procurement processes if they have shown significant or persistent deficiencies in past contract performance that led to early termination, damages, or other comparable sanctions.
Breaching of obligations set under purely national exclusion grounds
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The contracting authority shall state that in Norway there are national rejection reasons. These shall be described in the procurement documents. Tenderers must respond to whether they are in one or more of the situations described in the national rejection reasons. Will the purely national rejection reasons, as stated in the relevant notice or in the procurement documents, apply?
Breaching obligation relating to payment of social security contributions
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Have tenderers failed to fulfil all their social security obligations in the country where they are established and in their member state, if this is a different country than what he is established in?
Breaching obligation relating to payment of taxes
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Has the tenderer not fulfilled his tax and duty obligations in the country in which he is established, and in the contracting authority's member state, if this is a different country than what he is established in?
Business activities are suspended
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Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Bankruptcy
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Is the tenderer in a bankruptcy situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Arrangement with creditors
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Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Insolvency
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Is the tenderer in an insolvency situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Assets being administered by liquidator
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Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.