{
  "url": "https://openlegislation.uk/eu-decision-2005-769/annex/division-4/division-4.1",
  "json_url": "https://openlegislation.uk/eu-decision-2005-769/annex/division-4/division-4.1.json",
  "legislation": "eudn/2005/769",
  "legislation_title": "Commission Decision of 27 October 2005 laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998 (2005/769/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2005-769",
  "path": "annex/division/4/division/4.1",
  "kind": "division",
  "number": "4.1",
  "heading": "Grounds for exclusion from participation in procurement procedures",
  "text": "Tenderers are excluded from participation in a procurement procedure if:\n(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;\n(b) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata ;\n(c) they have been guilty of grave professional misconduct proven by any means which the beneficiary of the grant can justify;\n(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the grant beneficiary or those of the country where the contract is to be performed;\n(e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;\n(f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.\nTenderers must certify that they are not in one of the situations listed above.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Decision of 20 July 2006 replacing the Annex to Decision 2005/769/EC laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 (2006/541/EC)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2005/769/annex/division/4/division/4.1",
    "retrieved_at": "2026-11-01T15:17:47.505750+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}