2.1.1.
Objet
Nature du marché: Services
Nomenclature principale (cpv): 71351000 Services de prospection géologique et géophysique et autre prospection scientifique
Nomenclature supplémentaire (cpv): 60440000 Services aériens et services connexes, 71000000 Services d'architecture, services de construction, services d'ingénierie et services d'inspection, 71300000 Services d'ingénierie, 71350000 Services scientifiques et techniques dans le domaine de l'ingénierie, 71351200 Services de conseil en géologie et en géophysique
2.1.6.
Motifs d’exclusion
Situation analogue à la faillite prévue dans la législation nationale: Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations' This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Faillite: Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Corruption: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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 (contracting entity) or the economic operator
Concordat: Is the economic operator in arrangement with creditors' This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Participation à une organisation criminelle: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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).
Accords avec d’autres opérateurs économiques en vue de fausser la concurrence: Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Manquement aux obligations dans le domaine du droit environnemental: Has the economic operator, to its knowledge, breached its obligations in the field of environmental law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Blanchiment de capitaux ou financement du terrorisme: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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).
Fraude: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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).
Travail des enfants et autres formes de traite des êtres humains: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? 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).
Insolvabilité: Is the economic operator the subject of insolvency or winding-up? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Manquement aux obligations dans le domaine du droit du travail: Has the economic operator, to its knowledge, breached its obligations in the field of labour law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Biens administrés par un liquidateur: Are the assets of the economic operator being administered by a liquidator or by the court? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Coupable de fausses déclarations, non-communication, n’a pas été en mesure de fournir les documents requis et a obtenu des informations confidentielles de la présente procédure: Can the economic operator confirm that:a) It has 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) It has withheld such information,c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, andd) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award'
Motifs d’exclusion purement nationaux: According to ESPD Part III: Grounds for rejection, Section D: "Other grounds for rejection stipulated in the national legislation of the contracting authority's Member State". The Norwegian procurement rules go further than what follows from the grounds for rejection specified in the EU Public Procurement Directive and in the standard form for the ESPD. It is therefore clarified that in this competition all the grounds for rejection in FOA § 24-2 apply, including the purely national grounds for rejection. The following of the grounds for rejection in FOA § 24-2 are purely national grounds for rejection: • § 24-2 (2). This provision states that the contracting authority shall reject a supplier when it is aware that the supplier has been convicted by a final judgment or has imposed a fine for the specified criminal offences. The requirement that the contracting authority shall reject suppliers who have imposed a fine for the specified criminal offences is a specific Norwegian requirement. • § 24-2 (3) letter i. The reason for rejection in the ESPD form only applies to serious professional misconduct, while the Norwegian reason for rejection also includes other serious misconduct that may cast doubt on the supplier's professional integrity.
Conflit d’intérêt créé par sa participation à la procédure de passation de marché: Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?
Association directe ou indirecte à la préparation de cette procédure de passation de marché: Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure?
Coupable d’une faute professionnelle grave: Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
Résiliation, dommages et intérêts ou autres sanctions comparables: Has the economic operator experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract?
Manquement aux obligations dans le domaine du droit social: Has the economic operator, to its knowledge, breached its obligations in the field of social law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Paiement des cotisations de sécurité sociale: Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
État de cessation d’activités: Are the business activities of the economic operator suspended' This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Paiement d’impôts et taxes: Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Infractions terroristes ou infractions liées aux activités terroristes: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
