Sources of grounds for exclusion
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Notice
Corruption
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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 enforceable verdict has been convicted of corruption by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Corruption as defined in Article 3 of the Convention on Combating Corruption, Involving European Communities or European Union Member States (EUT C 195 of 25.6.1997, s. 1), and in Article 2, point 1, in the Council ́s framework decision 2003/568/RIA of 22 July 2003 on combating corruption in the private sector (EUT L 192 of 31.7.2003, p. 54). This rejection reason also includes corruption as defined in national law for the contracting authority or the supplier.
Fraud
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The tenderer confirms that no one in the organisation's administration, management or supervisory body has been convicted of fraud in the last five years, in accordance with applicable EU and national legislation.
Money laundering or terrorist financing
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The tenderer confirms that no one in the organisation's management, administration or supervisory body has been convicted of money laundering or terrorist financing in the last five years, in accordance with current EU and national legislation.
Participation in a criminal organisation
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Tenderers confirm that neither the company nor anyone in its management, administration or supervisory body has been convicted of participation in a criminal organisation in the last five years, in accordance with the current EU and national legislation (including directive 2014/24/EU and relevant criminal laws).
Terrorist offences or offences linked to terrorist activities
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Tenderers confirm that neither the company nor anyone in its control, management or supervisory body has been convicted of terrorist-related offences or acts related to terrorist activities in the last five years, in accordance with the current EU and national terrorist legislation (including a 2002/475/JHA framework agreement and relevant criminal laws)
Child labour and including other forms of trafficking in human beings
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Tenderers confirm full compliance with international and national laws that prohibit child labour and human trafficking, including the ILO conventions nos. 138 and 182, the UN ́s child convention and relevant EU directives. No instances of child labour or human trafficking have been identified in our organisations or value chains.
Breaching of obligations in the fields of environmental law
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The tenderer confirms that neither the company nor its legal representatives have been subject to bankruptcy proceedings, liquidation, administration or similar insolvency procedures in the last five years. The company is financially solvent and fulfils all statutory obligations regarding financial stability.
Breaching of obligations in the fields of labour law
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The tenderer confirms full compliance with applicable labour law, including rules on working hours, wages, health and safety, discrimination and collective agreements. No breaches of labour law obligations have been identified in the past five years.
Breaching of obligations in the fields of social law
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Tenderers are to confirm full compliance with applicable social security and work welfare regulations, including pension contributions, health insurance, unemployment benefits and other compulsory social security schemes. No breaches of social rights obligations have been identified in the past five years.
Agreements with other economic operators aimed at distorting competition
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The tenderer confirms that it has not entered into agreements or arrangements with other financial actors that limit, prevent or distort the competition in violation of applicable competition laws, including Article 101 of the Treaty on the Working Practices of the European Union (TFEU) and equivalent national competition law. The company operates in full compliance with all cartel and competition rules.
Grave professional misconduct
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The tenderer confirms that neither the company nor its directors, managers or key personnel have been found guilty of serious professional misconduct, including fraudulent behaviour, ethical breaches or serious breaches of professional obligations, over the past five years. The company follows the highest standards of professional integrity and ethical behaviour in all of its entities.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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Tenderers confirm full compliance with all information and transparency requirements in this procurement procedure. There is no misinformation of information, retaining the necessary documentation or unauthorised access to confidential tender information. All submissions are complete, accurate and made in good faith.
Offence concerning its professional conduct in the domain of defence procurement
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The tenderer confirms that neither the company nor its representatives have been the subject of judgement, sanctions or investigations relating to professional misconduct in defence procurements, including breaches of integrity, corruption or fraud practices, in the past five years. The company strictly upholds all applicable national and international regulations for defence procurements, including the European Union's Defence Procurement Directive (2009/81/EF) and relevant national laws.
Conflict of interest due to its participation in the procurement procedure
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The tenderer confirms that there is no real or potential conflict of interest connected to this procurement procedure. Neither the company, its employees, consultants nor associated parties have any personal, financial or professional interests that could inappropriately affect the tender process or undermine fair competition.
Direct or indirect involvement in the preparation of this procurement procedure
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The tenderer confirms that neither the company, its employees, consultants nor associated parties have been directly or indirectly involved in the preparation of this procurement procedure, including design of specifications, qualification criteria or evaluation methods. No previous knowledge or participation can undermine the justice or impartiality of this tender process.
Early termination, damages, or other comparable sanctions
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Tenderers confirm that they have not been the subject of early completion of contracts, contract penalties, compensation claims or other equivalent sanctions in connection with public or private procurement procedures in the last five years. The company has a documented history of fulfilling all contractual obligations in accordance with the agreed terms.
Lack of reliability to exclude risks to the security of the country
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The tenderer confirms that there is no basis for questioning its reliability in relation to national security interests. The company, its owners and key personnel have no affiliations, activities or conditions that could pose a risk to [The Name of The Country's] security, in accordance with national security legislation and EU directives on sensitive procurements.
Breaching of obligations set under purely national exclusion grounds
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Tenderers are to confirm full compliance with all applicable national rejection reasons in accordance with [Land]'s public procurement law. No breaches of national exclusion obligations (e.g. tax, social security, labour law or environmental offences) have been identified in the last five years.
Breaching obligation relating to payment of social security contributions
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The tenderer confirms full compliance with all statutory payment obligations to social security and pension schemes in all jurisdictions where we operate. No breaches have been identified in the last five years and all imposed contributions have been paid in accordance with national regulations and EU standards.
Breaching obligation relating to payment of taxes
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The tenderer confirms full compliance with all tax payment obligations in all jurisdictions in which we operate. No breaches of tax legislation have been identified in the past five years and all taxes have been paid according to national regulations and international standards.
Business activities are suspended
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Tenderers confirm that there has been no suspension of the company, either voluntarily or imposed by the court, supervisory authority or administrative body, in the last five years. The company operates its business in full compliance with the current laws and regulations.
Bankruptcy
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The tenderer confirms that neither the company nor its legal representatives have been subject to bankruptcy proceedings, liquidation, administration or similar insolvency procedures in the last five years. The company is financially solvent and fulfils all statutory obligations regarding financial stability.
Arrangement with creditors
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Tenderers confirm that neither the company nor its legal representatives have entered into contracts with creditors, debt settlement or similar financial schemes in the last five years. The company fulfils all financial obligations without exception.
Insolvency
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The tenderer confirms that the company is neither insolvency nor has it initiated or been the subject of any insolvency processes, including bankruptcy, administration or voluntary agreements with creditors, during the past five years. The company is fully solvent and fulfils all financial obligations in accordance with due date.
Assets being administered by liquidator
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The tenderer confirms that none of the company's assets at the moment are, or in the last five years have been, under the administration or control of a trustee, bankruptcy manager or equivalent insolvency related inspection. The company has full legal and operative control over all of its assets.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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Tenderers confirm that neither the company nor its legal representatives have been the subject of processes or measures that can be juxtaposed with bankruptcy, insolvency or creditor contracts in accordance with applicable national legislation in the last five years. The Company complies with all financial and legal obligations