3. Candidates, Continued 3.6 Although invited to tender, a Candidate may be excluded if, at the time of Discretionary the award decision, it Exclusion is subject to a bankruptcy or insolvency procedure or process of a kind specified in Regulation 53, paragraph (5) of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 or has been found guilty of professional misconduct by a competent authority that is authorised by law to hear and determine allegations of professional misconduct against persons that include the Candidate or has committed grave professional misconduct provable by means that the Employer can demonstrate or has not fulfilled an obligation to pay a social security contribution as required by a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has not fulfilled an obligation to pay a tax or levy imposed by or under a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has provided a statement or information to the Contracting Authority or another contracting authority knowing it to be false or misleading, or has failed to provide to the Contracting Authority or another such authority a statement or information that is reasonably required by the Contracting Authority or other authority for the purpose of awarding the public contract concerned.
3. Candidates, Continued 3.6 Discretionary Exclusion Although invited to tender, a Candidate may be excluded if, at the time of the award decision, it is subject to a bankruptcy or insolvency procedure or process of a kind specified in Regulation 53, paragraph (5) of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 or has been found guilty of professional misconduct by a competent authority that is authorised by law to hear and determine allegations of professional misconduct against persons that include the Candidate or has committed grave professional misconduct provable by means that the Employer can demonstrate or has not fulfilled an obligation to pay a social security contribution as required by a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has not fulfilled an obligation to pay a tax or levy imposed by or under a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has provided a statement or information to the Contracting Authority or another contracting authority knowing it to be false or misleading, or has failed to provide to the Contracting Authority or another such authority a statement or information that is reasonably required by the Contracting Authority or other authority for the purpose of awarding the public contract concerned.
ITTS1b-v1.5-27-06-2014.docx