Declaration of honour on
exclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing:

(only for natural persons) himself or herself	(only for legal persons) the following legal person:
ID or passport number: (‘the person’)	Full official name: Official legal form: Statutory registration number: Full official address: VAT registration number: (‘the person’)

The person is not required to submit the declaration on exclusion criteria if the same declaration has already been submitted for the purposes of another award procedure of the same contracting authority, provided the situation has not changed, and that the time that has elapsed since the issuing date of the declaration does not exceed one year.

In this case, the signatory declares that the person has already provided the same declaration on exclusion criteria for a previous procedure and confirms that there has been no change in its situation:

Date of the declaration	Full reference to previous procedure

I – Situations of exclusion concerning the person

declares that the above-mentioned person is in one of the following situations:	YES	NO
it is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under Union or national legislation or regulations;
it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;
it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of eligibility or selection criteria or in the performance of a contract or an agreement;
(ii) entering into agreement with other persons with the aim of distorting competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;
(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;
it has been established by a final judgement that the person is guilty of any of the following:
(i) fraud;
(ii) corruption;
(iii) conduct related to a criminal organisation;
(iv) money laundering or terrorist financing;
(v) terrorist offences or offences linked to terrorist activities, or inciting, aiding, abetting or attempting to commit such offences;
(vi) child related offences or child labour or other offences concerning trafficking in human beings;
(vii) creating a shell company and being a shell company.
it has shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by SPREP, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by SPREP;
it has been established by a final judgment or final administrative decision that the person has committed an irregularity;
it has been established by a final judgment or final administrative decision that the person has created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business.
(only for legal persons) it has been established by a final judgment or final administrative decision that the person has been created with the intent provided for in point (g).
for the situations referred to in points (c) to (h) above the person is subject to: facts established in the context of audits or investigations carried out by a Court or the internal auditor, or any other check, audit or control performed under the responsibility of SPREP; non-final judgments or non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics; facts referred to in decisions of entities or persons being entrusted with any of SPREP’s donor budget implementation tasks; information transmitted by Member States of SPREP; or decisions of exclusion by an authorising officer of SPREP donor partners.

II – Situations of exclusion concerning natural or legal persons with power of representation, decision-making or control over the legal person and beneficial owners

Not applicable to natural persons, Member States and local authorities

declares that a natural or legal person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, or who has powers of representation, decision or control with regard to the above-mentioned legal person (this covers e.g. company directors, members of management or supervisory bodies, and cases where one natural or legal person holds a majority of shares), or a beneficial owner of the person is in one of the following situations:	YES	NO	N/A
Situation (c) above (grave professional misconduct)
Situation (d) above (fraud, corruption or other criminal offence)
Situation (e) above (significant deficiencies in performance of a contract )
Situation (f) above (irregularity)
Situation (g) above (creation of an entity with the intent to circumvent legal obligations)
Situation (h) above (person created with the intent to circumvent legal obligations)
Situation (i) above

III – Situations of exclusion concerning natural or legal persons assuming unlimited liability for the debts of the legal person

declares that a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the following situations [If yes, please indicate in annex to this declaration which situation and the name(s) of the concerned person(s) with a brief explanation]:	YES	NO	N/A
Situation (a) above (bankruptcy)
Situation (b) above (breach in payment of taxes or social security contributions)

IV – Grounds for rejection from this procedure

declares that the above-mentioned person:	YES	NO	N/A
Was previously involved in the preparation of the procurement documents used in this award procedure, where this entailed a breach of the principle of equality of treatment including distortion of competition that cannot be remedied otherwise.

V – Remedial measures

If the person declares one of the situations of exclusion listed above, it must indicate measures it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may include e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines or of any taxes or social security contributions. The relevant documentary evidence which illustrates the remedial measures taken must be provided in annex to this declaration. This does not apply for situations referred in point (d) of this declaration.

VI – Evidence upon request

Upon request and within the time limit set by SPREP the person must provide information on natural or legal persons that are members of the administrative, management or supervisory body or that have powers of representation, decision or control, including legal and natural persons within the ownership and control structure and beneficial owners.

It must also provide the following evidence concerning the person itself and the natural or legal persons on whose capacity the person intends to rely, or a subcontractor and concerning the natural or legal persons which assume unlimited liability for the debts of the person:

For situations described in (a), (c), (d), (f), (g) and (h), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

For the situation described in point (b), production of recent certificates issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.

The person is not required to submit the evidence if it has already been submitted for another award procedure of the same contracting authority. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document	Full reference to previous procedure
Insert as many lines as necessary.

VII – Selection criteria

declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the procurement documents:	YES	NO	N/A
It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in Terms of Reference;
It fulfills the applicable economic and financial criteria indicated in Terms of Reference;
It fulfills the applicable technical and professional criteria indicated in Terms of Reference.

VIII – Evidence for selection

The signatory declares that the above-mentioned person is able to provide the necessary supporting documents listed in the relevant sections of this declaration and which are not available electronically upon request and without delay.

The person is not required to submit the evidence if it has already been submitted for another procurement procedure of the same contracting authority. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document	Full reference to previous procedure
Insert as many lines as necessary.

The above-mentioned person must immediately inform SPREP of any changes in the situations as declared.

The above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false.

Full name	Date	Signature

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