2.1.4.
Generelle oplysninger
Yderligere oplysninger: After notification of prequalification, the Contracting Authority will request the prequalified parties to submit the information specified in the ESPD; it is anticipated that the documentation shall submitted before the deadline for initial tenders. Exclusion grounds As evidence that the tenderer or certain persons associated with the tenderer, cf. Section 135, subsection 2 of the Tender Act, are not subject to the exclusion grounds in Section 135, subsection 1 or 3, and Section 137, subsection 1, no. 1-5, of the Tender Act: 1) An extract from the relevant register or an equivalent document issued by a competent judicial or administrative authority, showing that the tenderer is not subject to one or more of the mandatory exclusion grounds in Section 135, subsection 1 of the Tender Act. 2) A certificate issued by the competent authority in the country concerned, demonstrating that the tenderer is not subject to the exclusion ground in Section 135, subsection 3 of the Tender Act. For Danish tenderers, the proof may consist of a service certificate. Service certificates are issued by the Danish Business Authority. If the country where the tenderer is domiciled does not issue the aforementioned certificates or documents, or if they do not cover all the cases specified in Section 135, subsection 1 and 3 of the Tender Act, they may be replaced by a Declaration under Oath. If an oath is not required in the relevant country, a Declaration on Honour may be used instead, in accordance with Section 153, subsection 2 of the Tender Act. The documentation must not be older than 12 months from the date of obtaining the documentation. Economic and financial minimum requirements As evidence of compliance with the economic and financial minimum requirement, the tenderer must present a statement from a bank, another recognised financial institution or a surety insurance company, in which such bank, financial institution or surety insurance company declares: a) that within the framework of the applicant's/supplier's engagement with the bank, financial institution or surety insurance company, or within the applicant's/supplier's existing credit limit, there is currently capacity to provide the security required in the contract, and/or b) that the institution is prepared to provide the security required in the contract. Professional and technical minimum requirements The submitted reference list is considered sufficient documentation in itself, and the tenderer will not be requested to provide further evidence of their professional and technical competencies. However, the Contracting Authority reserves the right to contact the mentioned referees to verify the content of the references. Declaration on Honour regarding Council Regulation (EU) 2022/675 of 8 April 2022 (Sanction against Russia) The declaration must be completed and submitted as documentation. Declaration on Honour regarding non-cooperative tax jurisdictions and accession to trade agreements, cf. Section 134 a of the Tender Act The declaration must be completed and submitted as documentation. Other entities on which the tenderer relies, and consortia. If the tenderer has relied on the capabilities of other entities in submitting a tender, those entities must also submit relevant documentation. This applies equally to the participants of a consortium. If a prequalified company informs the Contracting Authority that it does not wish to remain in the tender process, or if it cannot provide the required ESPD documentation, the Contracting Authority reserves the right to prequalify 'the next in line'. A company that becomes prequalified as 'the next in line' will still be provided with adequate time to prepare its tender but must also accept that they may have less time than the originally prequalified companies. The Contracting Authority reserves the right to conduct negotiations over several meetings in a single phase or across multiple phases, potentially limiting the number of tenderers (shortlisting). Please note that any limitation/selection (shortlisting), if applicable, will be based on the established award criteria.
Retsgrundlag:
Direktiv 2014/25/EU
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse
Korruption: Pursuant to Section 135(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for corruption as defined in Article 3 of convention on combating of corruption involving officials of the European Union and of the EU member states and Article 2(1) of Council Framework Decision 2003 /568/JHA of 22 July 2003 on combating of corruption in the private sector (Official Journal of the European Union 2003, No. L 192, page 54) and corruption as defined by national law in the member state or home country of the applicant or tenderer or in the country in which the applicant or tenderer is established. The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer
Svig: Pursuant to Section 135(1)(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities. The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Hvidvaskning af penge eller finansiering af terrorisme: Pursuant to Section 135(1)(5) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for money laundering or financing of terrorism as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on prevention of the use of the financial system for the purpose of money laundering or financing of terrorism (Official Journal of the European Union 2005, No. L 309, page 15). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Deltagelse i en kriminel organisation: Pursuant to Section 135(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for actions committed as part of a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 (Official Journal of the European Union 2008, No. L 300, page 42). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: Pursuant to Section 135(1)(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for acts of terror or criminal acts related to terrorist activities within the meaning of Article 1, 3 and 4, respectively, of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (Official Journal of the European Union 2002, No. L 164, page 3) and amending Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (Official Journal of the European Union 2008, No. L 330, page 21). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Børnearbejde og andre former for menneskehandel: Pursuant to Section 135(1)(6) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for breach of section 262 a of the Danish Penal Code or as regards a judgement issued in another country concerning child labour or other types of human trafficking 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/HJA (Official Journal of the European Union 2011, No. L 101, page 1). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Tilsidesættelse af forpligtelser på miljølovgivningsområdet: Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive.
Tilsidesættelse af forpligtelser på det arbejdsretlige område: Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive.
Tilsidesættelse af forpligtelser på sociallovgivningsområdet: Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive.
Aftaler med andre økonomiske aktører med henblik på konkurrencefordrejning: Pursuant to Section 137(1)(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the contracting authority has sufficient plausible indications to conclude that the applicant or tenderer has concluded agreements with other economic operators for the purpose of distorting competition.
Alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Pursuant to Section 136(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has in the exercise of its business committed serious neglect which gives rise to doubt as to the integrity of the candidate or tenderer.
Afgivelse af urigtige oplysninger, tilbageholdelse af oplysninger, ude af stand til at fremlægge de dokumenter, der anmodes om, eller indhentede fortrolige oplysninger i forbindelse med denne procedure: Pursuant to Section 136(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer of the procurement procedure referred to has provided incorrect information, retained information or is unable to submit additional documents in relation to the grounds for exclusion stated in section 135(1 or 3), and, if relevant, in section 137(1)(2 or 7) the fixed minimum requirements for suitability stipulated in sections 140-144 or selection in section 145. In addition, pursuant to Section 137(1)(5), an applicant or tenderer will be excluded if the applicant or tenderer has attempted to interfere with the decision-making process of the contracting authority, where the candidate or tenderer has obtained confidential information which may have resulted in wrongful advantages in relation to the procurement procedure, or where the candidate or tenderer by gross negligence has provided misleading information which may have material influence on decisions on exclusion, assessment of the minimum requirements for suitability, selection or award of contract.
Interessekonflikt som følge af deltagelse i udbudsproceduren: Pursuant to Section 136(1) of the Danish Public procurement Act, an applicant or tenderer will be excluded if the contracting authority can prove that in relation to the procurement procedure referred to, a conflict of interest, cf. Section 24(18), cannot be removed effectively by less radical means.
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: Pursuant to Section 136(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the inclusion will entail a distortion of competition as discussed in section 39 as a result of the prior involvement of economic operators in the preparation of the procurement procedure in relation to the procurement procedure referred to which cannot be removed by less radical means.
Ophævelse eller en lignende sanktion: Pursuant to Section 137(1)(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has committed previous material breach of a public contract, a utility contract or a public works concession, and such breach has resulted in cancellation of the contract referred to or a similar sanction.
Tilsidesættelse af forpligtelser i henhold til rent nationale udelukkelsesgrunde: Pursuant to Section 134a of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer is established in a country that is included on the EU list of non-cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements that require Denmark to open the market for public contracts for bids.
Tilsidesættelse af forpligtelser vedrørende betaling af bidrag til sociale sikringsordninger: Pursuant to Section 135(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if it has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to social security contributions under Danish law or under the law of the country in which the applicant or tenderer is established, unless the exceptions in Sections 135(4) and (5) apply.
Tilsidesættelse af forpligtelser vedrørende betaling af skatter og afgifter: Pursuant to Section 135(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if it has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax or duties under Danish law or under the law of the country in which the applicant or tenderer is established, unless the exceptions in Sections 135(4) and (5) apply.
Erhvervsvirksomheden er indstillet: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
Konkurs: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
Tvangsakkord uden for konkurs: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
Insolvens: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
Aktiver, der administreres af en kurator: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
En situation, der svarer til konkurs i henhold til national ret: Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered.
