Analogous situation like bankruptcy under national law
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Is the supplier in a situation where he has been forced into debt settlement? Indicate why, under the aforementioned circumstances, you are still able to perform the contract, taking into account applicable national provisions 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.
Bankruptcy
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Is the supplier in a state of bankruptcy? Please indicate why, in the circumstances, it is nevertheless able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not required if the exclusion of suppliers is made mandatory by applicable national law without the possibility of derogation.
Corruption
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Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or take decisions in such bodies been convicted by a final judgment for corruption by a judgment rendered not more than five years ago, or a period of exclusion directly set out in the judgment which is still in force? 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, 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, 31.7.2003, p. 54). This ground for refusal also covers corruption as defined in the national law of the contracting authority or the supplier.
Arrangement with creditors
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Is the supplier in a situation where he has been placed under compulsory debt relief? Please indicate why, in the circumstances mentioned, he is still able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information does not need to be provided if the exclusion of suppliers is made mandatory by applicable national law without the possibility of derogation.
Participation in a criminal organisation
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Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for participation in a criminal organisation by a judgment delivered not more than five years ago, or a period of exclusion directly set out in the judgment which is still in force? 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, 11.11.2008, p. 42)
Agreements with other economic operators aimed at distorting competition
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Has the supplier concluded agreement(s) with other suppliers with the aim of distorting competition?
Breaching of obligations in the fields of environmental law
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Is the supplier known to have committed infringements of environmental provisions as set out 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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Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for money laundering or terrorist financing by a judgment rendered not more than five years ago, or a disqualification period directly set out in the judgment which is still in force? Money laundering or terrorist financingAs 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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BT-67(a)-Procedure Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for fraud by a judgment delivered not more than five years ago, or a disqualification period directly laid down in the judgment which is still in force? 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 a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a final judgment for child labour and other forms of trafficking in human beings by a judgment rendered no more than five years ago, or a disqualification period directly set out in the judgment which is still in force? 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, 15.4.2011, p. 1).
Insolvency
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Is the supplier in a situation of insolvency? Please indicate why, in the circumstances, you are still able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not required if the rejection of suppliers is made mandatory by applicable national law without the possibility of derogation.
Breaching of obligations in the fields of labour law
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Is the supplier known to have committed a breach of provisions on employment conditions as set out 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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Please indicate why, in the circumstances, you are still able to perform the contract, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not required if the rejection of suppliers is made mandatory by applicable national law without the possibility of derogation.
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 in providing 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 immediately provide the supporting documents requested by the contracting authority, or d) improperly influenced the contracting authority's decision-making process in order to obtain confidential information which could give it an unfair advantage in the competition, or negligently provided misleading information which could 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 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 an entity affiliated with the supplier advised 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 been guilty of grave professional misconduct? Where applicable, please 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 been guilty of a material breach of contract in the performance of a previous public contract, a previous contract with a 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 a breach of social security provisions as set out in national law, the relevant notice 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 fulfil all his obligations to pay social security contributions both in the country in which he is established and in the contracting authority's Member State, if this is a different country from that in which he is established?
Business activities are suspended
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Please indicate why, in the circumstances, the contract is still able to be performed, taking into account the applicable national provisions and measures regarding the continuation of business activities? This information is not required if the rejection of suppliers is made mandatory by applicable national law without the possibility of derogation.
Payment of taxes
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Has the supplier failed to fulfil his obligations to pay taxes and duties in the country in which he is established and in the contracting authority's Member State, if this is a different country from that in which he is established?
Terrorist offences or offences linked to terrorist activities
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Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the power to represent or control or take decisions in such bodies been convicted by a judgment which has the force of res judicata for terrorist offences or criminal offences linked to terrorist activity by a judgment handed down not more than five years ago, or for a period of exclusion directly set out in the judgment which is still in force? Terrorist offences or criminal offences linked to terrorist activity 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 and abetting or attempting to commit such acts as referred to in Article 4 of that Framework Decision.