Sources of grounds for exclusion
:
European Single Procurement Document (ESPD), Procurement Document, Notice
Corruption
:
Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of corruption in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? 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 of 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 of 31.7.2003, p. 54). This ground for exclusion also covers corruption as defined under the national law of the contracting authority or the supplier.
Fraud
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Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of fraud in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? Fraud as referred to in Article 1 of the Convention on the protection of the European Communities’ financial interests (OJ C 316 of 27.11.1995, p. 48).
Money laundering or terrorist financing
:
Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of money laundering or terrorist financing in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? 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 of 25.11.2005, p. 15).
Participation in a criminal organisation
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Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of participation in a criminal organisation in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? 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 of 11.11.2008, p. 42).
Terrorist offences or offences linked to terrorist activities
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Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of terrorist offences or offences linked to terrorist activities in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? Terrorist offences or 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 of 22.6.2002, p. 3). This ground for exclusion also includes inciting, aiding, abetting, or attempting to commit such offences as referred to in Article 4 of the said Framework Decision.
Child labour and including other forms of trafficking in human beings
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Has the supplier itself, or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment of child labour or other forms of trafficking in human beings in a judgment delivered no more than five years ago, or is subject to an exclusion period established directly in the judgment that is still applicable? 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 of 15.4.2011, p. 1).
Breaching of obligations in the fields of environmental law
:
Is the supplier aware of having committed violations of provisions on environmental law 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 aware of having committed violations of provisions on labour law 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
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Is the supplier aware of having committed violations of provisions on social law 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
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Has the supplier entered into agreement(s) with other suppliers with the intention of distorting competition?
Grave professional misconduct
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Has the supplier committed serious professional misconduct? If relevant, see 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
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Has the supplier: a) provided grossly inaccurate information when submitting the information required to verify that there are no grounds for exclusion or that the qualification requirements are fulfilled, b) failed to submit such information, c) failed to promptly provide the supporting documents requested by the contracting authority, or d) unduly influenced the contracting authority’s decision-making process in order to obtain confidential information that may give it an unfair advantage in the procurement procedure, or negligently provided misleading information which may have a material influence on decisions concerning exclusion, selection, or award?
Conflict of interest due to its participation in the procurement procedure
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Is the supplier aware of a conflict of interest as referred to in national law, the relevant notice, or the procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure
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Has the supplier, or an undertaking related to the supplier, provided advice to the contracting authority or otherwise been involved in the preparation of the procurement procedure?
Early termination, damages, or other comparable sanctions
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Has the supplier committed a significant breach of contract in the performance of a prior public contract, a previous contract with a contracting authority, or a prior concession contract, where the breach led to termination of the contract, damages, or other comparable sanctions?
Breaching of obligations set under purely national exclusion grounds
:
The contracting authority shall indicate that in Norway there are national grounds for exclusion. These shall be described in the procurement documents. The supplier must declare whether it is in one or more of the situations described in the national grounds for exclusion. Do the purely national grounds for exclusion, as set out in the relevant notice or in the procurement documents, apply?
Breaching obligation relating to payment of social security contributions
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Has the supplier failed to fulfil all of its obligations relating to the payment of social security contributions, both in the country where it is established and in the contracting authority’s Member State, if this is different from the country of establishment?
Breaching obligation relating to payment of taxes
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Has the supplier failed to fulfil its obligations relating to the payment of taxes and duties, both in the country where it is established and in the contracting authority’s Member State, if this is different from the country of establishment?
Business activities are suspended
:
Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.
Bankruptcy
:
Is the supplier in a state of bankruptcy? Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.
Arrangement with creditors
:
Is the supplier in a situation where it has been subject to compulsory debt settlement proceedings? Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.
Insolvency
:
Is the supplier in a state of insolvency? Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.
Assets being administered by liquidator
:
Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
:
Is the supplier in a situation where it has been subject to compulsory debt settlement proceedings? Please indicate why, under 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. It is not necessary to provide this information if exclusion of the supplier is mandatory under the applicable national law without the possibility of exception.