2.1.6.
Ausschlussgründe
Quellen der Ausschlussgründe: Bekanntmachung
Der Zahlungsunfähigkeit vergleichbare Lage gemäß nationaler Rechtsvorschriften: Is the supplier in a bankruptcy situation? State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract.
Konkurs: Is the supplier in a bankruptcy situation? State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract.
Korruption: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for corruption, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment still applies? 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 exclusion also includes corruption as defined in the national law of the contracting authority or the supplier.
Vergleichsverfahren: Is the supplier in a situation of compulsory debt settlement? State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract.
Beteiligung an einer kriminellen Vereinigung: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for participation in a criminal organisation, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment still applies? 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).
Vereinbarungen mit anderen Wirtschaftsteilnehmern zur Verzerrung des Wettbewerbs: Has the supplier entered into agreement(s) with other suppliers with the intent to distort competition?
Verstoß gegen umweltrechtliche Verpflichtungen: Is the supplier known to have committed a breach of provisions on environmental matters as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU.
Geldwäsche oder Terrorismusfinanzierung: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for money laundering or terrorist financing, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment 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).
Betrug: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for fraud, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment 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).
Kinderarbeit und andere Formen des Menschenhandels: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for child labour and other forms of trafficking in human beings, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment still applies? 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).
Zahlungsunfähigkeit: Is the supplier in a situation of insolvency? State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract.
Verstoß gegen arbeitsrechtliche Verpflichtungen: "Is the supplier known to have committed a breach of provisions on labour law matters as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU."
Verwaltung der Vermögenswerte durch einen Insolvenzverwalter: "State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract."
Täuschung, Zurückhaltung von Informationen, Unfähigkeit zur Vorlage erforderlicher Unterlagen oder Erlangung vertraulicher Informationen zu dem Verfahren: "Has the supplier: a) been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the qualification criteria, b) withheld such information, c) been unable to submit without delay the supporting documents requested by the contracting authority, or d) unduly influenced the decision-making process of the contracting authority to obtain confidential information that may give it an undue advantage in the competition, or negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award?"
Interessenkonflikt aufgrund seiner Teilnahme an dem Vergabeverfahren: "Is the supplier aware of any conflict of interest as indicated in national law, the relevant notice or the procurement documents?"
Direkte oder indirekte Beteiligung an der Vorbereitung des Vergabeverfahrens: "Has the supplier or an undertaking related to the supplier advised the contracting authority or otherwise been involved in the planning of the competition?"
Schwerwiegendes berufliches Fehlverhalten: "Has the supplier committed grave professional misconduct? Where relevant, see definitions in national law, the relevant notice or the procurement documents."
Vorzeitige Beendigung, Schadensersatz oder andere vergleichbare Sanktionen: "Has the supplier committed a significant breach of contract in connection with the performance of a prior public contract, a prior contract with a contracting authority or a prior concession contract, where the breach has led to termination of the contract, damages or other comparable sanctions?"
Verstoß gegen sozialrechtliche Verpflichtungen: "Is the supplier known to have committed a breach of provisions on social matters as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU."
Verstoß gegen die Verpflichtung zur Entrichtung von Sozialversicherungsbeiträgen: "Has the supplier failed to fulfil all its obligations relating to the payment of social security contributions both in the country in which it is established and in the Member State of the contracting authority, if this is a country other than the one in which it is established?"
Einstellung der gewerblichen Tätigkeit: "State why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national rules and measures regarding the continuation of business activities. It is not necessary to provide this information if exclusion of suppliers in such a situation has been made mandatory under applicable national law without any possibility of exception, even when the supplier is nevertheless able to perform the contract."
Verstoß gegen die Verpflichtung zur Entrichtung von Steuern: "Has the supplier failed to fulfil all its obligations relating to the payment of taxes and duties both in the country in which it is established and in the Member State of the contracting authority, if this is a country other than the one in which it is established?"
Terroristische Straftaten oder Straftaten im Zusammenhang mit terroristischen Aktivitäten: "Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for terrorist offences or offences linked to terrorist activities, by a judgment rendered no more than five years ago, or in which an exclusion period set directly in the judgment still applies? Terrorist offences or offences linked 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, 22.6.2002, p. 3). This ground for exclusion also includes inciting, aiding, abetting or attempting to commit such offences as referred to in Article 4 of said Framework Decision."
Delikt im Zusammenhang mit seinem beruflichen Verhalten im Bereich der Beschaffung von Verteidigungsgütern: "Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has the authority to represent, control or make decisions in such bodies, been convicted by final judgment for offences relating to professional conduct in the field of defence procurement?"
Mangelnde Vertrauenswürdigkeit im Hinblick auf den Ausschluss von Risiken für die Sicherheit des Landes: "Has the supplier been assessed as lacking the reliability necessary to exclude risks to national security?"
Verstoß gegen die in den rein innerstaatlichen Ausschlussgründen verankerten Verpflichtungen: "The contracting authority shall state that in Norway there are national grounds for exclusion. These shall be described in the procurement documents. The supplier must respond as to whether it is in one or more of the situations described in the national grounds for exclusion."