Mandatory exclusion. The Secretary shall exclude the following indi- viduals and entities from participation in any Federal health care program (as defined in sec- tion 1320a–7b(f) of this title):
Mandatory exclusion. 89. The Council shall treat as ineligible and shall not select a Tenderer if the Council has actual knowledge that the company, or its directors or any other person who has powers of representation, decision or control of the company has been convicted of any of the offences detailed within Regulation 23 of The Public Contracts Regulations 2006, which implements Article 45 (1) of the 2004 EU Public Sector Procurement Directive.
Mandatory exclusion. The Council shall treat as ineligible and shall not select a Tenderer if the Council has actual knowledge that the Tenderer, or its directors or any other person who has powers of representation, decision or control of the Tenderer has been convicted of any of the offences detailed within Regulation 23(1), of the Public Contracts Regulations 2006 which implements Article 45 (1) of the 2004 EU Public Sector Procurement Directive. Full details regarding Regulation 23 of the Public Contracts Regulations 2006 can be found at: xxxx://xxx.xxxxxxxxxxx.xxx.xx/uksi/2006/5/contents/made The Bribery Act 2010, which came into force July 2011, places an obligation on the Council to ensure that all partner Tenderers / agents & contractors have 'adequate procedures' in place to prevent bribery. In B1 and B2 below 'Company' refers to the Tenderer Table 10: Mandatory Exclusion B1 Does your Company or any of your Company's Directors, Partners, or anyone in an equivalent position e.g. any other senior managers who have powers of representation, decision or control in respect of this current opportunity, have any unspent convictions relating to any of the offences covered by Regulation 23(1), of the Public Contracts Regulations 2006 ? Yes No B2 Does your Company employ or use sub-contractors who would be used for this Contract if you were successful with your submission who have any unspent convictions relating to any of the offences covered by regulation 23(1), of the Public Contracts Regulations 2006? Yes No B3 Please confirm your company and sub contractors have a policy in place to prevent acts of bribery in accordance with the Bribery Act 2010 Yes No If you have answered NO to the above, please explain why, detailing what internal systems are in place to prevent acts of bribery
Mandatory exclusion. The new public sector and utilities procurement Directives, as implemented by the Public Contracts Regulations 2006, include a new mandatory requirement for contracting authorities to exclude economic operators (suppliers, contractors and services providers) from public contracts where they have been convicted of certain offences. Please indicate whether your organisation, or any of its directors, partners or any other person who has powers of representation, decision or control, have been convicted of any of the following offences (including those which are spent within the meaning of the Rehabilitation of Offenders Act 1974): Answering yes to any of the following questions may result in rejection of your application. D1 conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/XXX No Yes - details enclosed D2 corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906; No Yes - details enclosed D3 the offence of bribery; No Yes - details enclosed D4 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 – (i) the offence of cheating the Revenue; (ii) the offence of conspiracy to defraud; (iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985; (v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994; (vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or (vii) 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; No Yes - details enclosed D5 money laundering within the meaning of the Money Laundering Regulations 2003 (now replaced by the Money Laundering Regulations 2007 as amended); No Yes - details enclosed D6 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. If Yes, please give details. No Y...
