2.1.1.
Formål
Kontraktens hovedformål: Bygge- og anlægsarbejder
Primær klassifikation (cpv): 45251150 Bygge- og anlægsarbejde i forbindelse med køletårne
Supplerende klassifikation (cpv): 09323000 Fjernvarme (indenbys), 31140000 Køletårne, 34931000 Havneudstyr, 39715210 Udstyr til centralvarme, 42131320 Reduktionsventilarrangementer, 44161700 Rørrensere, 45111291 Byggemodning, 45213250 Arbejder i forbindelse med industribygninger, 45223000 Bygge-anlægsarbejder: forskellige bygværker, 45231110 Rørlægningsarbejde, 45231300 Arbejder i forbindelse med vand- og kloakrørledninger, 45232140 Anlægsarbejde: hovedledninger til fjernvarme, 45244100 Havanlæg, 45251000 Bygge- og anlægsarbejde i forbindelse med kraftværker og varmeværker, 45251140 Bygge-anlægsarbejde: varmekraftværker, 45251200 Bygge-anlægsarbejde: varmeværker, 45251250 Bygge-anlægsarbejde: fjernvarmeværker, 45300000 Udførelse af bygningsinstallationer, 45331000 Installation af varme-, ventilations- og klimaanlæg
2.1.4.
Generelle oplysninger
Yderligere oplysninger: Information on the value of the tendered contract is based on DIN Forsyning Overskudsvarme/Køl A/S' estimated estimate including options and any extra work. The application must consist of the European Single Procurement Document (ESPD), in which the requested information must be provided. The ESPD is a self-declaration form which serves as initial documentation that the Applicant, Supporting Entities or the Consortium meets the criteria for exclusion, suitability and selection. This information must subsequently be verified. If you intend to participate in the Tender Procedure as a member of a Consortium, a separate eESPD must be submitted for each member of the Consortium. If you intend to participate in the Tender Procedure with any Supporting Entity, a separate eESPD must be submitted for each Supporting Entity. Any eESPD from any Supporting Entity must be signed. The Contracting Entity reserves the right to obtain missing signatures after the Prequalification Deadline but prior to Prequalification The Applicant may rely on one or more Supporting Entities for the purpose of being prequalified and for executing the Contract. If the Applicant relies on any Supporting Entity, the Contracting Entity encourages the Applicant to submit a Declaration of Support from each such Supporting Entity together with the Application and to use the template made available in Annex C - Declaration of Support. Any Declaration of Support must be submitted at the latest when submitting the final ESPD documentation. If the Applicant relies on a Supporting Entity’s economic and financial capacity, the Supporting Entity will be requested a Declaration of Support to undertake that it will act as a guarantor for the Applicant to the benefit of the Contracting Entity if the Applicant is awarded the Contract The Applicant must confirm that the Applicant is not covered by the mandatory exclusion grounds stated in section 135(1)-(3) and Section 136 of the Danish Pro-curement Act. Otherwise, the Contracting Entity is obliged to exclude the Applicant. The Applicant must further confirm that the Applicant is not covered by the optional exclusion grounds at stated section 137(1) no. 1-5 of the Danish Procurement Act. Please submit you answer to the exclusion grounds mentioned. An Applicant is not excluded if the Applicant can provide sufficient documentation that the Applicant is reliable according to section 138 (self-cleaning) of the Danish Procurement Act If the Application is submitted by a group of undertakings (e.g., a Consortium), the Applicant is encouraged to sign the Consortium Declaration in the form of Annex B - Consortium Declaration and to submit it together with the Application. If the Applicant is a consortium; a) the members of the Consortium shall be jointly and severally liable to the Contracting Entity for the performance of the Consortiums’ obligations under of the Contract; and b) neither the members nor (if known) the scope and parts of the Contract to be carried out by each member nor the legal status of the Consortium shall be altered without the prior consent of the Contracting Entity. DIN Forsyning Overskudsvarme/køl A/S reserves the right to request an applicant/tenderer to provide documentation for the information at any stage of the tender process if this is necessary to ensure that the procedure is carried out correctly. For Danish tenderers, documentation may, for example, consist of a serial certificate issued by the Danish Business Authority. Due to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine, the Contracting Entity can and will not award the Contract to a tenderer with certain relations to Russia. The prohibited relations to Russia are further outlined in Annex D - Declaration regarding relations to Russia. Therefore, the Applicant is encouraged to sign the Declaration regarding relations to Russia in the form of Annex D - Declaration regarding relations to Russia and to submit it together with the Application. Before the Contract is awarded, the Contracting Entity will require that the tenderer who has submitted the most economically advantageous tender based on the criteria set out in the Tender Procedure declares that the tenderer does not have relations to Russia that are prohibited according to Council Regulation (EU) 2022/576. The tender is not divided into successive phases and DIN Forsyning Overskudsvarme/Køl A/S does not intend to shortlist the number of tenderers during the dialog process.
Retsgrundlag:
Direktiv 2014/25/EU
2.1.6.
Udelukkelsesgrunde
En situation, der svarer til konkurs i henhold til national ret: Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Konkurs: Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Korruption: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator
Tvangsakkord uden for konkurs: Is the economic operator in arrangement with creditors? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Deltagelse i en kriminel organisation: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Aftaler med andre økonomiske aktører med henblik på konkurrencefordrejning: Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Tilsidesættelse af forpligtelser på miljølovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field of environmental law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Hvidvaskning af penge eller finansiering af terrorisme: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist financing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).
Svig: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).
Børnearbejde og andre former for menneskehandel: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
Insolvens: Is the economic operator the subject of insolvency or winding-up? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Tilsidesættelse af forpligtelser på det arbejdsretlige område: Has the economic operator, to its knowledge, breached its obligations in the field of labour law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Aktiver, der administreres af en kurator: Are the assets of the economic operator being administered by a liquidator or by the court? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: Can the economic operator confirm that:a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria,b) It has withheld such information,c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, andd) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Rent nationale udelukkelsesgrunde: Other exclusion grounds that may be foreseen in the national legislation of the contracting authority's or contracting entity's Member State. Has the economic operator breached its obligations relating to the purely national grounds of exclusion, which are specified in the relevant notice or in the procurement documents?
Interessekonflikt som følge af deltagelse i udbudsproceduren: Is the economic operator aware of any conflict of interest, as indicated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: Has the economic operator or an undertaking related to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of the procurement procedure?
Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
Ophævelse eller en lignende sanktion: Has the economic operator experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract?
Tilsidesættelse af forpligtelser på sociallovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field of social law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Betaling af socialsikringsbidrag: Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Erhvervsvirksomheden er indstillet: Are the business activities of the economic operator suspended? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Betaling af skatter og afgifter: Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment?
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also includes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
