2.1.4.
General information
Additional information
:
The applicant will be excluded from participation in the tendering procedure if the applicant is subject to the compulsory grounds for exclusion set out in section 134 a of the Danish Public Procurement Act. ----------------------------------------- Documentation regarding the information provided in the ESPD: In continuation of the notification of prequalification, the tenderer, other entities and associations must, at the Contracting Entities’ request, submit documentation for the information provided in the ESPD in connection with the prequalification pursuant to Sections 144 and 152 of the Danish Public Procurement Act, cf. Section 151(2) of the Danish Public Procurement Act. The Contracting Entities are entitled, but not obliged, to request the tenderer, the association’s participants or other entities to supplement or specify the received documentation, see Section 151(4) of the Danish Public Procurement Act. To document that the tenderer is not subject to the grounds for exclusion stipulated in sections 135-137 of the Danish Public Procurement Act, the Contracting Entities expect to ask the Tenderer to submit the following: - An extract from the relevant register or a similar document issued by a competent judicial or administrative authority stating that the tenderer is not subject to the grounds for exclusion stipulated in section 135(1), and - A certificate issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in the cases stated in section 135(3). If the tenderer, the association’s participants or other entities are established in Denmark, the documentation is presented in the form of a service certificate from the Danish Business Entities. If the tenderer, one or more of the participants in the association or other entities is established outside of Denmark, the types of documentation stated in e-Certis must generally be submitted. E-Certis is an online information system which is to be used to find the right documentation to be used by EU Member States in connection with procurement procedures. If the country in question does not issue the relevant certificates or documents, or if the issued certificates or documents do not cover all the relevant cases, they can be replaced by a sworn declaration on oath. If such a sworn declaration on oath is not used in the country in question, a solemn declaration. The official certificate may not be older than six months at the deadline for submission of the prequalification application. The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. ------------------------------------------- In relation to documentation of the economic and financial standing, the applicant is required to provide the following: Concluded annual reports or equivalent documentation stating the tenderer's economic and financial standing in accordance with the minimum requirements for the three (3) most recently concluded financial years at the deadline for submission of the application for prequalification. If an annual report is not required under the law of the country in which the applicant is established or if the applicant’s annual report doesn’t contain the required information, a declaration from the tenderers’s external accountant is accepted as equivalent documentation. ------------------------------------------------ The Contracting Entities shall exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k. The tenderer must submit a completed, dated and signed Appendix C – Solemn Declaration concerning Russia. In the Appendix C - Solemn Declaration the tenderer must solemnly declare not to be subject to article 5k of the Regulation.
Legal basis
:
Directive 2014/24/EU
2.1.6.
Grounds for exclusion
Analogous situation like bankruptcy under national law
:
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.
Bankruptcy
:
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.
Corruption
:
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.
Arrangement with creditors
:
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.
Participation in a criminal 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).
Agreements with other economic operators aimed at distorting competition
:
Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Breaching of obligations in the fields of environmental law
:
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.
Money laundering or terrorist financing
:
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).
Fraud
:
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).
Child labour and other forms of trafficking in human beings
:
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).
Insolvency
:
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.
Breaching of obligations in the fields of labour law
:
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.
Assets being administered by liquidator
:
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.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this 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, and d) 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?
Conflict of interest due to its participation in the procurement procedure
:
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?
Direct or indirect involvement in the preparation of this procurement procedure
:
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?
Guilty of grave professional misconduct
:
Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
Early termination, damages or other comparable sanctions
:
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?
Breaching of obligations in the fields of social law
:
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.
Payment of social security contributions
:
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?
Business activities are suspended
:
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.
Payment of taxes
:
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?
Terrorist offences or offences linked to terrorist activities
:
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.