Analogous situation like bankruptcy under national law
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Is the supplier in a situation where they have been placed under compulsory debt settlement? State why, under the mentioned circumstances, they are still able to fulfill the contract, considering 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? State why, under the mentioned circumstances, they are still able to fulfill the contract, considering 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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Is the supplier itself or any person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions within such bodies, convicted by a final judgment for corruption issued no more than five years ago, or subject to a disqualification period directly specified in the judgment that still applies? Corruption as defined in Article 3 of the Convention on the Fight Against Corruption involving officials of the European Communities or the European Union Member States (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 under the national law of the contracting authority or the supplier.
Arrangement with creditors
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Is the supplier in a situation where they have been placed under a compulsory debt settlement? State why, under the mentioned circumstances, they are still able to fulfill the contract, considering 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 itself, or any person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions within such bodies, been convicted by a final judgment for participation in a criminal organization by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? 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, 11.11.2008, p. 42).
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?
Breaching of obligations in the fields of environmental law
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Is the supplier aware of having violated provisions regarding environmental regulations as set out in 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 itself, or any person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions within such bodies, been convicted by a final judgment for money laundering or terrorist financing by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? 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, 25.11.2005, p. 15).
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 has the authority to represent, control, or make decisions within such bodies, been convicted by a final judgment for fraud by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? Fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
Child labour and 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 has the authority to represent, control, or make decisions within such bodies, been convicted by a final judgment for child labor and other forms of human trafficking by a judgment rendered no more than five years ago, or a disqualification period directly set in the judgment that still applies? 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, 15.4.2011, p. 1).
Insolvency
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Is the supplier in a situation of insolvency? State why under the mentioned circumstances it is still possible to perform the contract, taking into account the 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 mandatory under applicable national law without the possibility of exemption.
Breaching of obligations in the fields of labour law
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Is the supplier aware of having violated provisions regarding environmental regulations as set out in 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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State why under the mentioned circumstances it is still possible to perform the contract, taking into account the 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 mandatory under applicable national law without the possibility of exemption.
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 submitting 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 could significantly affect decisions regarding exclusion, selection, or award?
Purely national exclusion grounds
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The purely national grounds for exclusion apply; see the procurement documents.
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 notice, 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 affiliated 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 misconduct in the course of their professional activities? If relevant, refer to the definitions in national law, the relevant notice, or the procurement documents.
Early termination, damages or other comparable sanctions
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Has the supplier committed a material breach of contract in connection with the performance of a previous public contract, a previous contract with a public contracting authority, or a previous concession contract, where the breach resulted in 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 violated provisions regarding social obligations as set out 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 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, under the mentioned circumstances, you are still able to fulfill the contract, considering 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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Is the supplier itself or any person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions within such bodies, convicted by a final judgment for terrorist offenses or offenses related to terrorist activities issued no more than five years ago, or subject to a disqualification period directly specified in the judgment that still applies? Terrorist offenses or 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 inciting, aiding, abetting, or attempting to commit such offenses as referred to in Article 4 of the aforementioned Framework Decision.