2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Is the supplier in a situation of bankruptcy? Please state why, under the aforementioned circumstances, the supplier is nevertheless 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 exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is able to perform the contract.
Bankruptcy: Is the supplier in a situation of bankruptcy? Please state why, under the aforementioned circumstances, the supplier is nevertheless 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 exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is able to perform the contract.
Corruption: 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, control, or make decisions within such bodies, been convicted by a final judgment of corruption—either in a judgment delivered no more than five years ago or where an exclusion period specified directly in the judgment is still applicable? 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 covers corruption as defined in the national law of the contracting authority or the supplier.
Arrangement with creditors: Is the supplier subject to a compulsory debt settlement arrangement? Please state why, under the aforementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account applicable national provisions and measures regarding the continuation of business activities. This information need not be provided if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is 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 power to represent, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago—of participation in a criminal organization, or is an exclusion period specified directly in the judgment 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 entered into agreement(s) with other suppliers with the intention of distorting competition?
Breaching of obligations in the fields of environmental law: Is the supplier known to have committed a breach of environmental obligations 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 itself, or a person who is a member of the supplier’s administrative, management, or supervisory body—or who has the power to represent, control, or make decisions within such bodies—been convicted by a final judgment of money laundering or terrorist financing within the last five years, or is an exclusion period specified directly in the judgment still in effect? 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: Has the supplier itself, or a person who is a member of the supplier’s administrative, management, or supervisory body—or who has the power to represent, control, or make decisions within such bodies—been convicted by a final judgment of fraud (as referred to in Article 1 of the Convention on the protection of the European Communities’ financial interests, OJ C 316 of 27.11.1995, p. 48) in a judgment delivered no more than five years ago, or is an exclusion period specified directly in the judgment still in effect?
Child labour and including other forms of trafficking in human beings: 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, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago—of child labour or other forms of trafficking in human beings, or is an exclusion period set directly in the judgment still in effect? 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: Is the supplier in a situation of insolvency? Please state why, under the aforementioned circumstances, it is nevertheless 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 exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even when the supplier is able to perform the contract.
Breaching of obligations in the fields of labour law: Is the supplier known to have committed a breach of obligations regarding working conditions as set out in national law, the relevant notice or the procurement documents, or Article 18(2) of Directive 2014/24/EU?
Assets being administered by liquidator: State why it is nevertheless possible to perform the contract under the aforementioned circumstances, taking into account applicable national provisions and measures regarding the continuation of business activities. This information need not be provided if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is nevertheless 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 supplying the information required to verify the absence of grounds for exclusion or compliance with qualification requirements, b) failed to provide such information, c) withheld the supporting documents requested by the contracting authority, or d) unduly influenced the contracting authority’s decision-making process to obtain confidential information that could confer an unfair advantage in the competition, or negligently provided misleading information that could materially influence decisions regarding exclusion, selection, or award?
Conflict of interest due to its participation in the procurement procedure: Is the supplier aware of a conflict of interest as specified 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 an entity affiliated with the supplier, provided advice to the contracting authority or otherwise been involved in the planning of the procurement process?
Grave professional misconduct: Has the supplier committed serious professional misconduct? Where relevant, refer to 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 led to termination of the contract, damages, or other similar sanctions?
Breaching of obligations in the fields of social law: Is the supplier known to have committed a breach of provisions regarding social conditions as set out in national law, the relevant notice or the 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 its obligations to pay social security contributions both in the country where it is established and in the client's Member State, if this is a country other than the one where it is established?
Business activities are suspended: State why it is nevertheless possible to perform the contract under the aforementioned circumstances, taking into account applicable national provisions and measures regarding the continuation of business activities. This information need not be provided if the exclusion of suppliers in such a situation is mandatory under applicable national law without the possibility of an exception, even where the supplier is nevertheless able to perform the contract
Breaching obligation relating to payment of taxes: Has the supplier failed to fulfill all its obligations regarding the payment of taxes and charges, both in the country where it is established and in the contracting authority's Member State, if this is a country other than the one where it 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 power to represent, control, or make decisions within such bodies, been convicted by a final judgment—handed down no more than five years ago, or where an exclusion period specified directly in the judgment is still in effect—of terrorist offences or offences linked to terrorist activities? Terrorist offences or offences linked to terrorist activities 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, aiding or abetting, or attempting to commit such offences, as referred to in Article 4 of the said 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 administrative, management, or supervisory body—or who has the authority to represent, control, or make decisions within such bodies—been convicted by a final judgment of an offense concerning professional conduct in the field of defense procurement?
Lack of reliability to exclude risks to the security of the country: Has the supplier been assessed as lacking the reliability necessary to rule out risks to national security?
Breaching of obligations set under purely national exclusion grounds: The contracting authority shall indicate that national grounds for exclusion apply in Norway. These must be described in the procurement documents. The supplier must state whether they fall into one or more of the situations described in the national grounds for exclusion.