2.1.1.
Purpose
Main nature of the contract: Services
Main classification (cpv): 72220000 Systems and technical consultancy services
Additional classification (cpv): 72000000 IT services: consulting, software development, Internet and support, 72200000 Software programming and consultancy services, 72212000 Programming services of application software, 72243000 Programming services, 72267100 Maintenance of information technology software
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: European Single Procurement Document Request, Notice, Procurement Document
Corruption: Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body or has powers of representation, decision-making or control therein, been convicted of corruption by a final judgment delivered no more than five years ago, or for which an exclusion period set out 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 includes corruption as defined in the national law applicable to the contracting authority or the supplier.
Fraud: Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body or has powers of representation, decision-making or control therein, been convicted of fraud by a final judgment delivered no more than five years ago, or for which an exclusion period set out directly in the judgment is still applicable? 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).
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 has powers of representation, decision-making or control therein, been convicted of money laundering or terrorist financing by a final judgment delivered no more than five years ago, or for which an exclusion period set out directly in the judgment is still applicable? 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: Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body or has powers of representation, decision-making or control therein, been convicted of participation in a criminal organisation by a final judgment delivered no more than five years ago, or for which an exclusion period set out directly in the judgment is still applicable? 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: Has the supplier itself, or any person who is a member of the supplier’s administrative, management or supervisory body or has powers of representation, decision-making or control therein, been convicted of terrorist offences or offences linked to terrorist activities by a final judgment delivered no more than five years ago, or for which an exclusion period set out directly in the judgment is still applicable? 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 that Framework Decision.
Child labour and including 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 has powers of representation, decision-making or control therein, been convicted of child labour and other forms of trafficking in human beings by a final judgment delivered no more than five years ago, or for which an exclusion period set out directly in the judgment is still applicable? 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: Is the supplier aware of having breached environmental obligations under national law, the relevant notice or procurement documents, or Article 18(2) of Directive 2014/24/EU?
Breaching of obligations in the fields of labour law: Is the supplier aware of having breached labour law obligations under national law, the relevant notice or procurement documents, or Article 18(2) of Directive 2014/24/EU?
Breaching of obligations in the fields of social law: Is the supplier aware of having breached social obligations under national law, the relevant notice or procurement documents, or Article 18(2) of Directive 2014/24/EU?
Agreements with other economic operators aimed at distorting competition: Has the supplier entered into agreements with other suppliers aimed at distorting competition?
Grave professional misconduct: Has the supplier committed grave professional misconduct? Where relevant, please refer to the definitions in national law, the relevant notice or procurement documents.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: Has the supplier: a) Made seriously misleading statements when providing the information required to verify that there are no grounds for exclusion or that the selection criteria have been met; b) Withheld such information; c) Expressed reservations about submitting, without delay, the supporting documents requested by the contracting authority; or d) Improperly influenced the contracting authority’s decision-making process in order to obtain confidential information that could give it an undue advantage in the procurement procedure, or negligently provided misleading information that could materially influence 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 defined in national law, the relevant notice or procurement documents?
Direct or indirect involvement in the preparation of this procurement procedure: Has the supplier, or an undertaking associated with the supplier, advised the contracting authority or otherwise been involved in preparing the procurement procedure?
Early termination, damages, or other comparable sanctions: Has the supplier committed a material breach in 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 comparable sanctions?
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 contracting authority’s Member State, if different from its country of establishment?
Breaching obligation relating to payment of taxes: Has the supplier failed to fulfil its obligations relating to the payment of taxes and duties in the country in which it is established and in the contracting authority’s Member State, if different from its country of establishment?
Business activities are suspended: Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.
Bankruptcy: Is the supplier bankrupt? Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.
Arrangement with creditors: Is the supplier subject to a compulsory debt arrangement? Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.
Insolvency: Is the supplier insolvent? Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.
Assets being administered by liquidator: Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Is the supplier subject to a compulsory debt arrangement? Please explain why the supplier is nevertheless able to perform the contract under these circumstances, taking into account the applicable national provisions and measures concerning the continuation of business activities. This information need not be provided if exclusion of the supplier is mandatory under applicable national law without any possibility of an exception.