2.1.6.
Motive de excludere
Situații similare, în temeiul legislației naționale, cum ar fi falimentul: Is the supplier in a situation where he has been granted compulsory debt settlement? Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Faliment: Is the supplier in a bankruptcy situation? Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Corupție: Has the supplier itself or a person, who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted of corruption by a judgment handed down not more than five years ago, or a period of rejection stipulated directly in the judgment that is still in force? Corruption as defined in Article 3 of the Convention on combating corruption, involving officials of the European Communities or 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 rejection also includes corruption as defined in national law for the contracting authority or supplier.
Concordat: Is the supplier in a situation where he has been granted compulsory debt settlement? Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Participarea la o organizație criminală: Has the supplier itself or a person, who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted of participation in a criminal organisation by a judgment handed down not more than five years ago, or a period of rejection stipulated directly in the judgment that is still in force? Participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on combating organised crime (OJ L 300, 11.11.2008, p. 42)
Acorduri cu alți operatori economici care vizează denaturarea concurenței: Has the supplier entered into agreement(s) with other suppliers with the intention of distorting competition?
Încălcarea obligațiilor în domeniile legislației de mediu: Is the supplier aware of having committed a breach of environmental provisions as set out in national law, the relevant announcement or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Combaterea spălării banilor sau a finanțării terorismului: Has the supplier itself or a person, who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted by a final judgment of money laundering or terrorist financing by a judgment handed down not more than five years ago, or a period of rejection stipulated directly in the judgment that is still in force? Money laundering or terrorist financingAs 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 purposes of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Frauda: Has the supplier itself or a person, who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted of fraud by a judgment handed down not more than five years ago, or a rejection period stipulated directly in the judgment that is still in force? 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).
Munca copiilor și alte forme de trafic de persoane: Has the supplier itself or a person, who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted of child labour and other forms of human trafficking by a judgment handed down not more than five years ago, or a period of rejection stipulated directly in the judgment that is still in force? 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).
Insolvență: Is the supplier in an insolvency situation? Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Încălcarea obligațiilor în domeniile legislației muncii: Is the supplier aware of having committed a breach of employment conditions provisions as set out in national law, the relevant announcement or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Active administrate de lichidator: Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Au fost găsiți vinovați de fals în declarații, au divulgat informații, nu au putut furniza documentele necesare și au obținut informații confidențiale ale acestei proceduri: Has the contractor: a) provided grossly incorrect information when providing the information required to verify that there are no grounds for rejection or that the qualification requirements have been met, b) failed to provide such information, c) made a reservation to immediately provide the supporting documents requested by the contracting authority, or d) unduly influenced the contracting authority's decision-making process in order to acquire confidential information that may give it an unfair advantage in connection with competition, or has negligently provided misleading information that may have a significant influence on decisions on rejection, selection or award?
Conflict de interese care decurge din participarea la procedura de achiziții publice: Is the supplier aware of a conflict of interest as set out in national law, the relevant announcement or the procurement documents?
Implicare directă sau indirectă în pregătirea acestei proceduri de achiziții publice: Has the supplier or a company associated with the supplier advised the contracting authority or otherwise been involved in the planning of the competition?
Vinovat de comiterea unei abateri profesionale grave: Has the supplier committed serious errors in the practice of their profession? If applicable, refer to definitions in national law, the relevant announcement or the procurement documents.
Încetare anticipată, daune-interese sau alte sancțiuni comparabile: 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, damages or other similar sanctions?
Încălcarea obligațiilor în domeniile legislației sociale: Is the supplier aware of having committed a breach of social conditions provisions as set out in national law, the relevant announcement or procurement documents or Article 18 (2) of Directive 2014/24/EU.
Plata contribuțiilor la asigurările sociale: Has the supplier failed to fulfil all its obligations to pay social security contributions both in the country in which it is established and in the contracting authority's Member State, if this is a country other than the one in which it is established?
Activitățile economice sunt suspendate: Explain why, in those circumstances, it is nevertheless possible to perform the contract, taking into account the applicable national rules and measures relating to the continuation of business activities? It is not necessary to provide this information if the rejection of suppliers is made mandatory under applicable national law without the possibility of exceptions.
Plata impozitelor: Has the contractor failed to fulfil its obligations to pay taxes and duties in the country in which it is established and in the contracting authority's Member State, if this is a country other than the one in which it is established?
Infracțiuni teroriste sau infracțiuni legate de activități teroriste: Has the supplier itself or a person who is a member of the supplier's administrative, management or supervisory body or has the competence to represent or control or make decisions in such bodies, been convicted of terrorist offences or criminal offences related to terrorist activity by a judgment handed down not more than five years ago, or a period of rejection stipulated directly in the judgment that is still in force? Terrorist offences or criminal offences related to terrorist activity 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). That ground of inadmissibility also includes incitement, aiding or abetting the commission of acts within the meaning of Article 4 of that Framework Decision.
