Analogous situation like bankruptcy under national law
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Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions.
Bankruptcy
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Is the tenderer in a bankruptcy situation? Indicate why the Tenderer, under the mentioned circumstances, is still able to carry out the contract, considering the applicable national provisions and measures for continuing the business activities. It is not necessary to provide this information if rejection by the Tenderer is obligatory in accordance with the current national law without the possibility for exceptions.
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 of a enforceable verdict 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 Customer or service provider.
Arrangement with creditors
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Is the supplier in a situation where he has been forced debt arrangement? Indicate why the Tenderer, under the mentioned circumstances, is still able to carry out the contract, considering the applicable national provisions and measures for continuing the business activities. It is not necessary to provide this information if rejection by the Tenderer is obligatory in accordance with the current national law without the possibility for exceptions.
Participation in a criminal organisation
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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, by a legally enforceable verdict been convicted of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42)
Agreements with other economic operators aimed at distorting competition
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Has the Tenderer entered into agreement(s) with other tenderers with the intention of turning the competition?
Breaching of obligations in the fields of environmental law
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Is the tenderer aware of breaches of environmental provisions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Money laundering or terrorist financing
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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, have been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism: As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15).
Fraud
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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 of a enforceable verdict been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48).
Child labour and other forms of trafficking in human beings
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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, by enforceable judgement been convicted of child labour and other forms of human trafficking by a judgement handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1).
Insolvency
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Is the tenderer in an insolvency situation? Indicate why the Tenderer, under the mentioned circumstances, is still able to carry out the contract, considering the applicable national provisions and measures for continuing the business activities. It is not necessary to provide this information if rejection by the Tenderer is obligatory in accordance with the current national law without the possibility for exceptions.
Breaching of obligations in the fields of labour law
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Is the tenderer aware of breaches of provisions on working conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Assets being administered by liquidator
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Indicate why the Tenderer, under the mentioned circumstances, is still able to carry out the contract, considering the applicable national provisions and measures for continuing the business activities. It is not necessary to provide this information if rejection by the Tenderer is obligatory in accordance with the current national law without the possibility for exceptions.
Guilty of misrepresentation, withheld information, unable to provide required documents
and obtained confidential information of this procedure
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Has the Tenderer: a) given grossly incorrect information with the notification of the information required to verify that there is no basis for rejection, or that the qualification requirements are fulfilled b) failed to provide such information c) subject to immediately submitting the supporting documents that the Customer requests or d) improperly affected the Customer ́s decision process in order to acquire confidential information that could give this an unlawful advantage in connection with the competition, or negligently have given misleading information that can have a significant influence on decisions on rejection, selection or award?
Conflict of interest due to its participation in the procurement procedure
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Is the tenderer aware of a conflict of interest as stated in national law, the relevant notice or procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure
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Has the Tenderer, or an entity affiliated to the Supplier, advised the Customer or otherwise been involved in the planning of the competition?
Guilty of grave professional misconduct
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Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents.
Early termination, damages or other comparable sanctions
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Have the tenderer committed significant breaches of contract in connection with the fulfilment of a previous public contract, a previous contract with a public customer/contracting authority or a previous concession contract, where the breach has resulted in the cancellation of the contract, compensation or other similar sanctions?
Breaching of obligations in the fields of social law
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Is the tenderer aware of breaches of provisions on social conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Payment of social security contributions
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Has the Tenderer not fulfilled all of his social security obligations in the country where he is established and in the Customer's member state, if this is a different country than what the Tenderer is established in?
Business activities are suspended
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Indicate why the Tenderer, under the mentioned circumstances, is still able to carry out the contract, considering the applicable national provisions and measures for continuing the business activities. It is not necessary to provide this information if rejection by the Tenderer is obligatory in accordance with the current national law without the possibility for exceptions.
Payment of taxes
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Has the Tenderer not fulfilled his tax and duty obligations in the country where he is established and in the Customer's Member State, if this is a different country than what the Tenderer is established in?
Terrorist offences or offences linked to terrorist activities
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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 legal verdict has been convicted of acts of terrorism or criminal acts related to terrorist activity by a verdict handed down no more than five years ago, or a rejection period set directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision.