Sources of grounds for exclusion
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Notice
Corruption
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Fraud
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Money laundering or terrorist financing
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Participation in a criminal organisation
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Terrorist offences or offences linked to terrorist activities
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Child labour and including other forms of trafficking in human beings
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Breaching of obligations in the fields of environmental law
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Breaching of obligations in the fields of labour law
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Breaching of obligations in the fields of social law
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Agreements with other economic operators aimed at distorting competition
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Grave professional misconduct
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Offence concerning its professional conduct in the domain of defence procurement
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Conflict of interest due to its participation in the procurement procedure
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Direct or indirect involvement in the preparation of this procurement procedure
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Early termination, damages, or other comparable sanctions
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Lack of reliability to exclude risks to the security of the country
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Breaching obligation relating to payment of social security contributions
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According to Chapter 13, Section 2, of LOU, a contracting authority must exclude a tenderer from participating in a procurement if the contracting authority becomes aware that, according to a legally binding judgment, the tenderer has neglected or not met its obligations regarding the payment of taxes or social security contributions. Taxes and social security contributions The tenderer must have no significant debts regarding Swedish taxes and social security contributions to either the Swedish Tax Agency or the Swedish Enforcement Authority. The buyer checks this and reserves the right to determine in each case what may be deemed significant debts. Minor debts are accepted if the debt is disputed, the debt can be settled before a contract is signed, or if there is an agreement with the relevant public authority. Foreign tenderers must meet corresponding requirements based on the laws/regulations applicable in the country in which they are registered. Foreign tenderers must provide information in their tender to support compliance with the above requirements. F-tax certificate The tenderer must be registered for F-tax in Sweden. The same applies to foreign tenderers for all services performed for the buyer in Sweden. The buyer verifies that the tenderer meets the above requirements
Breaching obligation relating to payment of taxes
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According to Chapter 13, Section 2, of LOU, a contracting authority must exclude a tenderer from participating in a procurement if the contracting authority becomes aware that, according to a legally binding judgment, the tenderer has neglected or not met its obligations regarding the payment of taxes or social security contributions. Taxes and social security contributions The tenderer must have no significant debts regarding Swedish taxes and social security contributions to either the Swedish Tax Agency or the Swedish Enforcement Authority. The buyer checks this and reserves the right to determine in each case what may be deemed significant debts. Minor debts are accepted if the debt is disputed, the debt can be settled before a contract is signed, or if there is an agreement with the relevant public authority. Foreign tenderers must meet corresponding requirements based on the laws/regulations applicable in the country in which they are registered. Foreign tenderers must provide information in their tender to support compliance with the above requirements. F-tax certificate The tenderer must be registered for F-tax in Sweden. The same applies to foreign tenderers for all services performed for the buyer in Sweden. The buyer verifies that the tenderer meets the above requirements
Business activities are suspended
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Bankruptcy
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Arrangement with creditors
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Insolvency
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Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Assets being administered by liquidator
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
:
Chapter 13, Section 1, of the Swedish Public Procurement Act (LOU) sets out mandatory grounds for exclusion, while Chapter 13, Section 3, of LOU sets out grounds that enable the buyer to exclude a tenderer from participation in the procurement. The grounds for exclusion apply even if the offences are committed by a representative of the tenderer. Furthermore, according to Chapter 13, Section 3, of LOU, a tenderer may be excluded from participating in a procurement if the buyer can show that the tenderer is subject to one of the points mentioned in this section and has not taken sufficient measures to demonstrate its reliability (referred to as self-cleaning) or has not been able to provide an explanation that makes it likely that a contract can be performed despite the circumstances. The grounds for exclusion also apply to any subcontractors that the tenderer intends to use for the order in accordance with Chapter 14, Section 7, of LOU. The buyer may request that the tenderer and/or subcontractor(s) submit an extract from criminal records or an equivalent document issued by a competent authority in the country in which the tenderer is established, showing that there are no circumstances which, according to Chapter 13, Section 1, of LOU, constitute grounds for excluding the tenderer from the procurement