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Grounds for Mandatory Exclusion

As set out in Regulation 23 of the Public Contracts Regulations 2006, the following circumstances are grounds for mandatory exclusion in an EU Tendering Procedure, if Cardiff University has actual knowledge that the economic operator or its directors or any other person who has powers of representation, decision or control of the economic operator has been convicted of any of the following offences:

  1. conspiracy within the meaning of section 1 of the Criminal Law Act 1977[26] where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA[27]
  2. corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889[28] or section 1 of the Prevention of Corruption Act 1906[29]
  3. the offence of bribery
  4. fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of—
    1. the offence of cheating the Revenue;
    2. the offence of conspiracy to defraud;
    3. fraud or theft within the meaning of the Theft Act 1968[30] and the Theft Act 1978[31];
    4. fraudulent trading within the meaning of section 458 of the Companies Act 1985[32];
    5. defrauding the Customs within the meaning of the Customs and Excise Management Act 1979[33] and the Value Added Tax Act 1994[34];
    6. an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993[35]; or
    7. destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;
  5. money laundering within the meaning of the Money Laundering Regulations 2003[36]; or
  6. any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State.

Cardiff University will actively seek information from candidates/bidders in any EU Tendering Procedure to determine whether mandatory exclusion applies. If necessary, the University will apply to the relevant competent authority to obtain any further information necessary to determine whether exclusion is required.

Whilst exclusion is not mandatory for non-EU Tenders, it is highly likely that candidates/bidders would also be excluded from bidding for tenders below the EU threshold, if we obtain knowledge that any of the above offences have been committed.

Please see also Grounds for Discretionary Exclusion .