2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Procurement Document, European Single Procurement Document (ESPD), Notice
Corruption: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Fraud: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Money laundering or terrorist financing: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Participation in a criminal organisation: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Terrorist offences or offences linked to terrorist activities: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Child labour and including other forms of trafficking in human beings: The economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable.
Breaching of obligations in the fields of environmental law: The economic operator has breached its obligations in the field of environmental law.
Breaching of obligations in the fields of labour law: The economic operator has breached its obligations in the field of labour law.
Breaching of obligations in the fields of social law: The economic operator has breached its obligations in the field of social law.
Agreements with other economic operators aimed at distorting competition: The economic operator has entered into agreements with other economic operators aimed at distorting competition.
Grave professional misconduct: The economic operator is guilty of grave professional misconduct.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: The economic operator can confirm that: a) It has 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 selection criteria, b) It has withheld such information, c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and d) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award.
Conflict of interest due to its participation in the procurement procedure: The economic operator is aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure.
Direct or indirect involvement in the preparation of this procurement procedure: The economic operator or an undertaking related to it has advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure.
Early termination, damages, or other comparable sanctions: The economic operator has experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract.
Breaching of obligations set under purely national exclusion grounds: Any person who is a member of the economic operator’s administrative, management or supervisory body or has powers of representation, decision or control therein has been the subject of a conviction by final judgment for work safety offence, working hours offence, work discrimination, extortionate work discrimination, violation of the right to organise or unauthorised use of foreign labour.
Breaching obligation relating to payment of social security contributions: The economic operator has breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment.
Breaching obligation relating to payment of taxes: The economic operator has breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment.
Business activities are suspended: The business activities of the economic operator are suspended.
Bankruptcy: The economic operator is bankrupt.
Arrangement with creditors: The economic operator is in arrangement with creditors.
Insolvency: The economic operator is the subject of insolvency or winding-up.
Assets being administered by liquidator: The assets of the economic operator are being administered by a liquidator or by the court.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: The economic operator is in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations.