2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Is the tenderer in a bankruptcy situation? 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 Page 1/9 593004-2026 information if rejection of tenderers in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Bankruptcy: Is the tenderer in a bankruptcy situation? 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 in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Corruption: 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 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 contracting authority or supplier. Arrangement with creditors: 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 in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Participation in a criminal organisation: 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, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out 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: 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: 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.
Bankruptcy: Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Is the tenderer in a bankruptcy situation? 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 Page 1/9 593004-2026 information if rejection of tenderers in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Bankruptcy: Is the tenderer in a bankruptcy situation? 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 in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Corruption: 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 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 contracting authority or supplier. Arrangement with creditors: 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 in such a situation is obligatory in accordance with the current national law with no exceptions, when the tenderer is still able to carry out the contract. Participation in a criminal organisation: 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, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out 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: 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: 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.
Corruption: Has the supplier itself or a person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, supervise, or make decisions in such bodies, been convicted of corruption by a final judgment within the last five years, or is there a disqualification period set directly 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 of the 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 exclusion ground also covers corruption as defined under national law for the contracting authority or the supplier.
Arrangement with creditors: Is the supplier in a situation where they have been placed under a compulsory debt settlement? Indicate why, under the mentioned circumstances, they are nevertheless able to perform the contract, taking into account applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such a situation is made mandatory under applicable national law without the possibility of exceptions, when the supplier is nevertheless able to perform the contract.
Participation in a criminal organisation: Has the supplier itself or a person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, supervise, or make decisions in such bodies, been convicted by a final judgment for participation in a criminal organization in a ruling issued no more than five years ago, or is there a disqualification period directly set in the judgment that is still in effect? 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: Has the supplier made agreements with other suppliers with the intent to twist competition (anti-competitive behaviour)?
Breaching of obligations in the fields of environmental law: Is the supplier known to have committed violations of environmental regulations 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: Has the supplier themselves, or a person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment for money laundering or terrorist financing in a judgment issued no more than five years ago, or is there a disqualification period set directly in the judgment that still applies? Money laundering or terrorist financing as defined in Article 1 of the European Parliament and Council Directive 2005/60/EC of 26 October 2005 on preventive measures against the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Fraud: Has the supplier themselves, or a person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment for fraud within the past five years, or is there a disqualification period set directly 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 including other forms of trafficking in human beings: Has the supplier themselves, or a person who is a member of the supplier's administrative, management, or supervisory bodies, or has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment for child labor or other forms of human trafficking within the past five years, or is there a disqualification period set directly in the judgment that still applies? Child labor and other forms of human trafficking are defined in Article 2 of the European Parliament and Council Directive 2011/36/EU of 5 April 2011 on preventing and combating human trafficking, protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
Insolvency: Is the supplier in a situation of insolvency? Indicate why, under the mentioned circumstances, they are still able to perform the contract, taking into account applicable national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if disqualification of suppliers in such a situation is mandatory under applicable national law with no possibility of exceptions, when the supplier is still able to perform the contract.
Breaching of obligations in the fields of labour law: Is the supplier known to have violated rules on working 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: Explain why, under the mentioned circumstances, you are still able to carry out the contract, taking into account the relevant national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if rejecting suppliers in such a situation is mandatory under current national law with no possibility for exceptions, when the supplier is still able to perform the contract.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: Has the supplier: a) provided grossly incorrect information when giving 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 present the supporting documents requested by the client, or d) wrongfully influenced the client's decision-making process to gain confidential information that could give them an unfair advantage in the competition, or negligently given misleading information that could significantly affect decisions on rejection, selection, or awarding?
Conflict of interest due to its participation in the procurement procedure: Is the supplier aware of a conflict of interest as indicated in national law, the relevant notice, or the procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure: Has the supplier or a business associated with the supplier given advice to the client or otherwise been involved in planning the competition?
Grave professional misconduct: Has the supplier made serious mistakes in their professional practice? If relevant, see the definitions in national law, the relevant notice, or the procurement documents.
Early termination, damages, or other comparable sanctions: 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 has led to termination of the contract, compensation, or other similar sanctions?
Breaching of obligations in the fields of social law: Is the supplier known to have violated rules on social matters as set out in national law, the relevant notice or procurement documents, or Article 18(2) of Directive 2014/24/EU.
Breaching obligation relating to payment of social security contributions: Has the supplier failed to fulfill all of 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 than where they are established?
Business activities are suspended: Explain why, under the mentioned circumstances, you are still able to carry out the contract, taking into account the relevant national regulations and measures regarding the continuation of business activities. It is not necessary to provide this information if rejecting suppliers in such a situation is mandatory under current national law with no possibility for exceptions, when the supplier is still able to perform the contract.
Breaching obligation relating to payment of taxes: Has the supplier failed to fulfill all of his obligations to pay taxes and duties both in the country in which he is established, and in the contracting authority's Member State, if this is a different country from the one in which he is established?
Terrorist offences or offences linked to terrorist activities: Has the supplier itself, or a person who is a member of the supplier's administrative, management, or supervisory body, or has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment for acts of terrorism or criminal acts related to terrorist activity within the past five years, or is there a disqualification period set directly in the judgment that still applies? Acts of terrorism or criminal acts related to terrorist activity are 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 covers incitement to, participation in, or attempting to commit such acts as referred to in Article 4 of the same framework decision.
Offence concerning its professional conduct in the domain of defence procurement: Has the supplier itself or a person who is a member of the supplier's administration, management, or supervisory body, or who has the authority to represent, control, or make decisions in such bodies, been convicted by a final judgment for offenses related to professional conduct in defense procurement?
Lack of reliability to exclude risks to the security of the country: Has the supplier been assessed as lacking the reliability needed to rule out risks to national security?
Breaching of obligations set under purely national exclusion grounds: The client must state that in Norway there are national grounds for exclusion. These should be described in the procurement documents. The supplier must answer whether they are in one or more of the situations described in the national grounds for exclusion.