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 state of bankruptcy? Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, where the supplier is nevertheless able to perform the contract.
Bankruptcy: Is the supplier in a state of bankruptcy? Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, where the supplier is nevertheless 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 who has powers of representation, decision or control therein, been the subject of a final judgment for corruption, by a judgment rendered no more than five years ago, or in which an exclusion period established directly in the judgment continues to apply? 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 exclusion ground also includes corruption as defined in the national law of the contracting authority or the supplier.
Arrangement with creditors: Is the supplier in a situation of compulsory debt restructuring (compulsory composition)? Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, where 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 who has powers of representation, decision or control therein, been the subject of a final judgment for participation in a criminal organisation, by a judgment rendered no more than five years ago, or in which an exclusion period established directly in the judgment continues to apply? 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: Has the supplier entered into agreement(s) with other economic operators aimed at distorting competition?
Breaching of obligations in the fields of environmental law: Is the supplier aware of having breached obligations in the field of environmental law, as set out in national law, the relevant notice or the 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 powers of representation, decision or control therein, been the subject of a final judgment for money laundering or terrorist financing, by a judgment rendered no more than five years ago, or in which an exclusion period established directly in the judgment continues to apply? 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).No message needed - this turn requires no action.
Fraud: Has the supplier itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has powers of representation, decision or control therein, been the subject of a final judgment for fraud, by a judgment rendered no more than five years ago, or in which an exclusion period established directly in the judgment continues to apply? Fraud within the meaning of 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 itself, or a person who is a member of the supplier's administrative, management or supervisory body, or who has powers of representation, decision or control therein, been the subject of 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 in which an exclusion period established directly in the judgment continues to apply? 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 an insolvency situation? Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, where the supplier is nevertheless able to perform the contract.
Breaching of obligations in the fields of labour law: Is the supplier aware of having breached obligations in the field of labour law, 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: Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, 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) 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) withheld such information, (c) been unable to submit the supporting documents required by the contracting authority, or (d) unduly influenced the decision-making process of the contracting authority in order to obtain confidential information that may confer upon it undue advantages in the procurement procedure, or negligently provided 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: Is the supplier aware of any conflict of interest, as referred to 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 undertaking related to the supplier provided advice to the contracting authority or otherwise been involved in the preparation of the procurement procedure?
Grave professional misconduct: Has the supplier been guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
Early termination, damages, or other comparable sanctions: Has the supplier been guilty of a serious breach of contract due to a serious or persistent deficiency in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions?
Breaching of obligations in the fields of social law: Is the supplier aware of having breached obligations in the field of social law, 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 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 different from the country of establishment?
Business activities are suspended: Please state why, under the abovementioned circumstances, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures regarding the continuation of business activities. This information does not need to be provided if the exclusion of suppliers in such a situation has been made mandatory under the applicable national law without any possibility of derogation, where the supplier is nevertheless able to perform the contract.
Breaching obligation relating to payment of taxes: 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 different from the country of establishment?
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 who has powers of representation, decision or control therein, been the subject of a 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 established directly in the judgment continues to apply? 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 exclusion ground also includes inciting, aiding or abetting or attempting to commit such offences, as referred to in Article 4 of that 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 powers of representation, decision or control therein, been the subject of a final judgment for an offence relating to professional conduct in the field of defence procurement?
Lack of reliability to exclude risks to the security of the country: Is the supplier considered to lack the reliability necessary to exclude risks to national security?
Breaching of obligations set under purely national exclusion grounds: The contracting authority shall state that national grounds for exclusion apply in Norway. These shall be described in the procurement documents. The supplier must state whether it is in one or more of the situations described in the national grounds for exclusion.