Common use of Exclusion grounds Clause in Contracts

Exclusion grounds. The mandatory and optional exclusion grounds are given in attachment to these Tender Specifications. By submitting this tender, the tenderer certifies that he is not in any of the cases of exclusion listed in the Articles 67 to 70 of the Law of 17 June 2016 and the Articles 61 to 64 of the Royal Decree of 18 April 2017. The contracting authority will verify the accuracy of this Declaration on honour for the tenderer with the best tender on the basis of the following documents: - Extract from the criminal record of the manager of the bidding company - Certificate of regularity of social contributions - Certificate of fiscal regularity The recent nature of the documents aforementioned is established to the extent that they are less than 3 months old from the final submission date. Art. 83 of the Royal Decree Award For Belgian tenderers, the contracting authority will itself ask for information or documents that it can obtain free of charge by digital means from the instances that manage the information or documents (Telemarc). In other cases, the tenderer can attach these documents to the offer. If these documents are not attached to the offer, the tenderer must be able to provide the documents aforementioned within 5 working days from the contract authority’s request. If the tenderer does not submit the requested document(s) within the deadline, the adjudicator reserves the right to exclude the tenderer. As part of the fight against conflicts of interests, in particular in view of avoiding revolving doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 2003, the tenderer shall refrain from relying on any former (internal or external) collaborators of Enabel, within two years from his/her/their resignation, retirement or any other type of departure from Enabel, for whatever reason, directly or indirectly, for the elaboration and/or submission of its tender or any other intervention under the award procedure or for tasks to be conducted as part of the performance of this procurement contract. The above provision does however only apply when there is a direct link between the preceding activities conducted for the contracting authority by the person(s) concerned and his/her/their activities for this procurement contract. Any breach of this measure liable to distort the normal conditions of competition is subject to a sanction in accordance with the provisions of Article 5 of the Law of 17 June 2016 on public procurement contract and certain procurement contracts works, supplies and services. In concrete terms, this sanction, depending on the case, consists of discarding the tender or terminating the procurement contract.

Exclusion grounds. The mandatory obligatory and optional facultative grounds for exclusion grounds are given in attachment to these Tender Specifications. By submitting this tenderattaching to his tender the signed Declaration on honour (point 6.3), the tenderer certifies that he is not in any of the cases of exclusion listed in the Articles 67 to 70 of the Law of 17 June 2016 and the Articles 61 to 64 of the Royal Decree of 18 April 2017. The grounds for exclusion apply to : - 1 ° all participants who submit a joint request to participate and intend to form a group of economic operators in the event of selection; - 2 ° all participants who, as a group of economic operators, submit a tender together. The contracting authority will verify the accuracy of this Declaration on honour for the tenderer with the best tender on tender. For that purpose, the basis of contracting authority will ask the tenderer concerned to provide information or documents allowing the contracting authority to verify the tenderer's personal situation by the fastest means and within the term set by the contracting authority. The following documents: - Extract documents will be requested: 1) An extract from the criminal record made out to the name of the manager tenderer (legal person) or of his representative (natural person) where no criminal records exist for legal entities; 2) The document certifying that the bidding company - Certificate of regularity tenderer fulfils his obligations regarding the payment of social contributions - Certificate security contributions, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in a Member State. 3) The document certifying that the tenderer fulfils his obligations regarding the payment of fiscal regularity levies and taxes, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in a Member State. The recent nature of above documents must be recent, meaning established less than six months before the tender submission deadline date. The tenderer may attach these documents directly to his tender. If the documents aforementioned is established are not attached, the tenderer must be able to provide the extent that they are less than 3 months old from documents listed above within 5 working days following the final submission datecontracting authority's request. ArtIf the tenderer does not submit the document(s) requested within the term set, the contracting authority reserves the right to exclude the tenderer. 83 of the Royal Decree Award For Belgian tenderers, the contracting authority will itself ask for information or documents that it can obtain free of charge by digital means from the instances that manage the information or documents (Telemarc)documents. In other cases, the tenderer can attach these documents to the offer. If these documents are not attached to the offer, the tenderer must be able to provide the documents aforementioned within 5 working days from the contract authority’s request. If the tenderer does not submit the requested document(s) within the deadline, the adjudicator reserves the right to exclude The contracting authority will itself check the tenderer. As part of 's status in relation to points 2 and 3 via the fight against conflicts of interests, in particular in view of avoiding revolving doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 2003, the tenderer shall refrain from relying on any former (internal or external) collaborators of Enabel, within two years from his/her/their resignation, retirement or any other type of departure from Enabel, for whatever reason, directly or indirectly, for the elaboration and/or submission of its tender or any other intervention under the award procedure or for tasks to be conducted as part of the performance of this procurement contract. The above provision does however only apply when there is a direct link between the preceding activities conducted for the contracting authority by the person(s) concerned and his/her/their activities for this procurement contract. Any breach of this measure liable to distort the normal conditions of competition is subject to a sanction in accordance with the provisions of Article 5 of the Law of 17 June 2016 on public procurement contract and certain procurement contracts works, supplies and services. In concrete terms, this sanction, depending on the case, consists of discarding the tender or terminating the procurement contractTelemarc system.

Exclusion grounds. The mandatory and optional exclusion grounds are given in attachment to these Tender Specifications. By submitting this tender, the tenderer certifies that he is not in any of the cases of exclusion listed in the Articles 67 to 70 of the Law of 17 June 2016 and the Articles 61 to 64 of the Royal Decree of 18 April 2017. The contracting authority will verify the accuracy of this Declaration on honour for the tenderer with the best tender tender. The contracting authority is required to verify the accuracy of this Declaration on honour on the basis of the following documents: - Extract from the criminal record of the manager of the bidding company - Certificate of regularity of social contributions - Certificate of fiscal regularity The recent nature of the documents aforementioned is established to the extent that they are less than 3 months old from the final submission date. Art. 83 of the Royal Decree Award For Belgian tenderers, the contracting authority will itself ask for information or documents that it can obtain free of charge by digital means from the instances that manage the information or documents (Telemarc). In other cases, the The tenderer can attach these documents to the offer. If these documents are not attached to the offer, the tenderer must be able to provide the documents aforementioned within 5 working days from the contract authority’s request. If the tenderer does not submit the requested document(s) within the deadline, the adjudicator reserves the right to exclude the tenderertenderer Tenderers are strongly advised not to wait for the contract authority’s request and to ask their local competent authorities as soon as possible for the documents they have not attached to their tender. Indeed, the time for obtaining certain documents can be long. As part of the fight against conflicts of interests, in particular in view of avoiding revolving doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 2003, the tenderer shall refrain from relying on any former (internal or external) collaborators of Enabel, within two years from his/her/their resignation, retirement or any other type of departure from Enabel, for whatever reason, directly or indirectly, for the elaboration and/or submission of its tender or any other intervention under the award procedure or for tasks to be conducted as part of the performance of this procurement contract. The above provision does however only apply when there is a direct link between the preceding activities conducted for the contracting authority by the person(s) concerned and his/her/their activities for this procurement contract. Any breach of this measure liable to distort the normal conditions of competition is subject to a sanction in accordance with the provisions of Article 5 of the Law of 17 June 2016 on public procurement contract and certain procurement contracts works, supplies and services. In concrete terms, this sanction, depending on the case, consists of discarding the tender or terminating the procurement contract.