Analogous situation like bankruptcy under national law
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Is the supplier in a situation where they have been granted a compulsory debt settlement? Indicate why, under the mentioned circumstances, they are still able to perform the contract, considering applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is made mandatory under applicable national law without the possibility of exceptions.
Bankruptcy
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Is the supplier in a bankruptcy situation? Indicate why, under the mentioned circumstances, they are still able to perform the contract, considering applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is made mandatory under applicable national law without the possibility of exceptions.
Corruption
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for corruption by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Corruption as defined in Article 3 of the Convention on Combating Corruption Involving Officials of the European Communities or of the Member States of the European Union (OJ C 195 of June 25, 1997, p. 1), and in Article 2, paragraph 1, of Council Framework Decision 2003/568/JHA of July 22, 2003, on combating corruption in the private sector (OJ L 192 of July 31, 2003, p. 54). This ground for rejection also includes corruption as defined in national law for the contracting authority or the supplier.
Arrangement with creditors
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Is the supplier in a situation where they have been granted a compulsory debt settlement? Indicate why, under the mentioned circumstances, they are still able to perform the contract, considering applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is made mandatory under applicable national law without the possibility of exceptions.
Participation in a criminal organisation
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for participation in a criminal organization by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Participation in a criminal organization as defined in Article 2 of Council Framework Decision 2008/841/JHA of October 24, 2008, on combating organized crime (OJ L 300 of November 11, 2008, p. 42).
Agreements with other economic operators aimed at distorting competition
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Has the supplier entered into agreements with other suppliers with the intention of manipulating the competition?
Breaching of obligations in the fields of environmental law
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Is the supplier known to have committed violations of environmental regulations as they appear in national law, the relevant announcement, or the procurement documents, or Article 18 (2) of Directive 2014/24/EU?
Money laundering or terrorist financing
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for money laundering or financing of terrorism by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Money laundering or financing of terrorism as defined in Article 1 of the European Parliament and Council Directive 2005/60/EC of October 26, 2005, on preventive measures against the use of the financial system for money laundering and financing of terrorism (OJ L 309 of November 25, 2005, p. 15).
Fraud
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for fraud by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Fraud as addressed in Article 1 of the Convention on the Protection of the Financial Interests of the European Communities (OJ C 316 of November 27, 1995, p. 48).
Child labour and other forms of trafficking in human beings
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for child labor and other forms of human trafficking by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Child labor and other forms of human trafficking as defined in Article 2 of the European Parliament and Council Directive 2011/36/EU of April 5, 2011, on preventing and combating trafficking in human beings and protecting its victims, and repealing Council Framework Decision 2002/629/JHA (OJ L 101 of April 15, 2011, p. 1).
Insolvency
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Is the supplier in an insolvency situation? Indicate why, under the mentioned circumstances, they are still able to perform the contract, considering applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is made mandatory under applicable national law without the possibility of exceptions.
Breaching of obligations in the fields of labour law
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Is the supplier known to have committed violations of labor regulations as they appear in national law, the relevant announcement, or the procurement documents, or Article 18 (2) of Directive 2014/24/EU?
Assets being administered by liquidator
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Indicate why, under the mentioned circumstances, they are still able to perform the contract, considering applicable national provisions and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is made mandatory under applicable national law without the possibility of exceptions.
Guilty of 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 disclosing the information required to verify that there are no grounds for rejection, or that the qualification requirements are met, b) failed to provide such information, c) reserved the right to promptly submit the supporting documents requested by the contracting authority, or d) improperly influenced the contracting authority’s decision-making process to obtain confidential information that may give them an unfair advantage in the competition, or negligently provided misleading information that could significantly influence decisions regarding rejection, selection, or award?
Purely national exclusion grounds
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These grounds for rejection in FOA § 24-2 are purely national rejection grounds: • § 24-2 (2): This provision states that the contracting authority shall reject a bidder when the contracting authority is aware that the bidder has been definitively convicted or has accepted a fine for the specified criminal offenses. The requirement for the contracting authority to reject bidders who have accepted fines for the specified criminal offenses is a uniquely Norwegian requirement. • § 24-2 (3) letter i: The rejection ground in the directive applies only to serious errors in professional practice, while the Norwegian rejection ground also includes other serious errors that may raise doubts about the bidder’s professional integrity
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 defined in national law, the relevant announcement, or the procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure
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Has the supplier or a business associated with the supplier provided advice to the contracting authority or otherwise been involved in the planning of the competition?
Guilty of grave professional misconduct
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Has the supplier committed serious errors in their professional conduct? If relevant, refer to definitions in national law, the relevant announcement, or the procurement documents.
Early termination, damages or other comparable sanctions
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Has the supplier committed a significant breach of contract in connection with the fulfillment of a previous public contract, a previous contract with a public contracting authority, or a previous concession contract, where the breach has led to the termination of the contract, compensation, or other similar sanctions?
Breaching of obligations in the fields of social law
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Is the supplier known to have committed violations of social regulations as they appear in national law, the relevant announcement, or the procurement documents, or Article 18 (2) of Directive 2014/24/EU?
Payment of social security contributions
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Has the supplier failed to fulfill all their obligations to pay social security contributions both in the country where they are established and in the contracting authority’s member state, if this is a different country from where they are established?
Business activities are suspended
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State why one is still able to perform the contract under the mentioned circumstances, considering applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Payment of taxes
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Has the supplier failed to fulfill their obligations to pay taxes and duties in the country where they are established, and in the contracting authority’s member state, if this is a different country from where they are established?
Terrorist offences or offences linked to terrorist activities
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Has the supplier themselves, or a person who is a member of the supplier’s administrative, management, or control body, or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment for acts of terrorism or criminal acts related to terrorist activity by a judgment issued no more than five years ago, or a disqualification period established directly in the judgment that is still in effect? Acts of terrorism or criminal acts related to terrorist activity as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA of June 13, 2002, on combating terrorism (OJ L 164 of June 22, 2002, p. 3). This ground for rejection also includes incitement to, participation in, or attempts to commit such acts as addressed in Article 4 of the aforementioned framework decision.