2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: European Single Procurement Document Request, Notice, Procurement Document
Corruption: Corruption Has the supplier itself, or any person who is a member of the supplier's administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been the subject of a conviction by final judgment for corruption, where the judgment was delivered no more than five years ago or where 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 ground for exclusion also includes corruption as defined in the national law of the Contracting Authority or the supplier.
Fraud: Fraud Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been convicted by final judgment of fraud, where the judgment was rendered no more than five years ago, or where a period of exclusion imposed directly by the judgment is still applicable? 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).
Money laundering or terrorist financing: Money laundering or terrorist financing Has the supplier itself, or any person who is a member of the supplier's administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been the subject of a conviction by final judgment for money laundering or terrorist financing, where the judgment was delivered no more than five years ago or where 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).
Participation in a criminal organisation: Participation in a criminal organisation Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been the subject of a conviction by final judgment for participation in a criminal organisation, where the judgment was delivered no more than five years ago or where 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).
Terrorist offences or offences linked to terrorist activities: Terrorist offences or offences linked to terrorist activities Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, where the judgment was delivered no more than five years ago or where 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 ground for exclusion also includes inciting, aiding or abetting, or attempting to commit such offences, as referred to in Article 4 of the aforementioned Framework Decision
Child labour and including other forms of trafficking in human beings: Child labour and other forms of trafficking in human beings Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body, or who has powers of representation, decision-making or control therein, been the subject of a conviction by final judgment for child labour or other forms of trafficking in human beings, where the judgment was delivered no more than five years ago or where 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).
Breaching of obligations in the fields of environmental law: Breach of environmental law Is the supplier aware of having breached applicable environmental law as referred to in national law, the relevant contract notice or the procurement documents, or in Article 18(2) of Directive 2014/24/EU?
Breaching of obligations in the fields of labour law: Breach of obligations in the field of labour law Is the supplier aware of having breached obligations in the field of labour law as referred to in national law, the relevant contract notice or the procurement documents, or in Article 18(2) of Directive 2014/24/EU.
Breaching of obligations in the fields of social law: Breach of obligations in the field of social law Is the supplier aware of having breached obligations in the field of social law as referred to in national law, the relevant contract notice or the procurement documents, or in Article 18(2) of Directive 2014/24/EU.
Agreements with other economic operators aimed at distorting competition: Agreements with other suppliers aimed at distorting competition Has the supplier entered into agreements with other suppliers aimed at distorting competition?
Grave professional misconduct: Grave professional misconduct Has the supplier been guilty of grave professional misconduct? Where applicable, please refer to the definitions in national law, the relevant contract notice or the procurement documents.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: Serious misrepresentation, withholding of information, inability to provide required supporting documents, and misleading information that may influence the procurement procedure Has the supplier: a) been guilty of serious misrepresentation in supplying the information required to verify the absence of grounds for exclusion or the fulfilment of the qualification requirements; 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 in order to obtain confidential information that may confer upon it an undue advantage 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: Conflict of interest due to participation in the procurement procedure Is the supplier aware of any conflict of interest, as indicated in national law, the relevant contract notice or the procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure: Has the supplier been involved in the preparation of the procurement procedure? Has the supplier, or an undertaking related to the supplier, advised the Contracting Authority or otherwise been involved in the preparation of the procurement procedure?
Early termination, damages, or other comparable sanctions: Termination of contract, damages or other comparable sanctions Has the supplier experienced early termination of a previous public contract, a previous contract with a contracting entity or a previous concession contract due to significant deficiencies in the performance of a substantive requirement, where this led to damages or other comparable sanctions?
Breaching of obligations set under purely national exclusion grounds: Purely national exclusion grounds The Contracting Authority shall indicate 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. Do the purely national grounds for exclusion specified in the relevant contract notice or in the procurement documents apply?
Breaching obligation relating to payment of social security contributions: Payment of taxes and social security contributions Has the supplier failed to fulfil its obligations relating to the payment of taxes or social security contributions, both in the country in which it is established and in the Member State of the Contracting Authority, if this is different from the country of establishment?
Breaching obligation relating to payment of taxes: 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 this is different from the country of establishment?
Business activities are suspended: Have the supplier's business activities been suspended? Please state the reasons why, under the circumstances referred to, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such circumstances has been made mandatory under applicable national law, with no possibility of derogation.
Bankruptcy: Bankruptcy Is the supplier bankrupt? Please state the reasons why, under the circumstances referred to, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such circumstances has been made mandatory under applicable national law, with no possibility of derogation.
Arrangement with creditors: Compulsory arrangement with creditors Is the supplier subject to a compulsory arrangement with creditors? Please state the reasons why, under the circumstances referred to, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such circumstances has been made mandatory under applicable national law, with no possibility of derogation.
Insolvency: Insolvency Is the supplier subject to insolvency proceedings? Please state the reasons why, under the circumstances referred to, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such circumstances has been made mandatory under applicable national law, with no possibility of derogation.
Assets being administered by liquidator: Is the supplier in a situation where its assets are being administered by a liquidator or by the court? Please state why, under the circumstances referred to above, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of the supplier has been made mandatory under applicable national law, with no possibility of derogation.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Is the supplier in any analogous situation arising from a similar procedure under national laws and regulations? Please refer to national law, the relevant contract notice or the procurement documents. Is the supplier subject to a compulsory arrangement with creditors? Please state the reasons why, under the circumstances referred to, the supplier is nevertheless able to perform the contract, taking into account the applicable national rules and measures concerning the continuation of business activities. It is not necessary to provide this information if the exclusion of suppliers in such circumstances has been made mandatory under applicable national law, with no possibility of derogation