Analogous situation like bankruptcy under national law
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Is the supplier in a situation where they have been subjected to a compulsory debt settlement? Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is mandatory under applicable national law without the possibility of exceptions.
Bankruptcy
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Is the supplier in a bankruptcy situation? Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is mandatory under applicable national law without the possibility of exceptions.
Corruption
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Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of corruption within the last five years, or is there a disqualification period specified directly in the judgment that is still in effect? 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 includes corruption as defined in the national law applicable to the contracting authority or the supplier.
Arrangement with creditors
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Is the supplier in a situation where they have been subjected to a compulsory debt settlement? Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is mandatory under applicable national law without the possibility of exceptions.
Participation in a criminal organisation
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Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of participation in a criminal organization within the last five years, or is there a disqualification period specified 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 24 October 2008 on the fight against organized crime (OJ L 300 of 11.11.2008, 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 distorting competition?
Breaching of obligations in the fields of environmental law
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Is the supplier aware of having committed violations of environmental regulations as stipulated by national law, the relevant announcement or procurement documents, or Article 18(2) of Directive 2014/24/EU?
Money laundering or terrorist financing
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Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of money laundering or terrorist financing within the last five years, or is there a disqualification period specified directly in the judgment that is still in effect? 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).
Fraud
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Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of fraud within the last five years, or is there a disqualification period specified directly in the judgment that is still in effect? 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).
Child labour and other forms of trafficking in human beings
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Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of child labor and other forms of human trafficking within the last five years, or is there a disqualification period specified directly in the judgment that is still in effect? Child labor and other forms of human trafficking 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).
Insolvency
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Is the supplier in a situation of insolvency? Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is 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 aware of having committed violations of labor regulations as stipulated by national law, the relevant announcement or procurement documents, or Article 18(2) of Directive 2014/24/EU?
Assets being administered by liquidator
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Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is 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 incorrect information when supplying the details required to verify that there are no grounds for exclusion or that the qualification requirements are met, b) Failed to provide such information, c) Reserved the right to immediately submit the supporting documents requested by the contracting authority, or d) Unlawfully 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 may significantly influence decisions regarding exclusion, selection, or award?
Purely national exclusion grounds
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Accepted Penalty for Punishable Offenses Has the supplier or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, accepted a penalty for any of the criminal offenses mentioned above, pursuant to Section 24-2, (2) a-f of the Procurement Regulations? Serious Errors Affecting Professional Integrity Has the supplier otherwise committed serious errors that cast doubt on their professional integrity, pursuant to Section 24-2, (3) i of the Procurement Regulations?
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 an entity 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 the exercise of their profession? 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 aware of having committed violations of social regulations as stipulated by national law, the relevant announcement or 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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Specify why, under the mentioned circumstances, they are still able to perform the contract, considering the applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the rejection of the supplier is 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 or any person who is a member of the supplier’s administrative, management, or supervisory body, or who has the power to represent, control, or make decisions in such bodies, been convicted by a final judgment of terrorist acts or criminal offenses related to terrorist activities within the last five years, or is there a disqualification period specified directly in the judgment that is still in effect? Terrorist acts or criminal offenses related 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 incitement to, aiding, or attempting to commit such acts as referred to in Article 4 of the mentioned Framework Decision.