2.1.4.
Allgemeine Informationen
Zusätzliche Informationen: As part of their tender, the tenderer must submit a completed ESPD. The ESPD has been published as part of the tender documentation and must be completed via Ethics. The tenderer must complete the ESPD with the information specified below: - Part II.A: The tenderer must provide their name, company registration number, postal address, contact person, whether the tenderer is a micro, small or medium-sized enterprise, and whether the tenderer is participating in the tender procedure together with others (as a consortium or similar). - Part II.C: The tenderer must state whether the tenderer relies on the economic and financial and/or technical and professional capacity of other entities. - Part III: The tenderer must state whether the tenderer is subject to the grounds for exclusion set out in Sections 134a–136 and Section 137(1)(1), (2), (3), (4) and (5) of the Public Procurement Act. If the tenderer is subject to the grounds for exclusion set out in Sections 134a–136 and Section 137(1)(1), (2), (3), (4) and (5), the tenderer will be excluded from participation in the tender procedure, unless the tenderer can provide sufficient documentation to demonstrate that it is nevertheless reliable, cf. Section 138 of the Public Procurement Act. - Part IV.B: The tenderer must describe its economic and financial capacity as well as its technical and professional capacity, cf. point 5.1.9 above. Pursuant to Section 144 of the Public Procurement Act, the tenderer may rely on the economic/financial and/or technical/professional capacity of other economic operators, regardless of the legal relationship between the operators. A tenderer relying on other economic operators must ensure that ESPDs containing the relevant information are submitted by each of the operators on whom the tenderer relies. This also applies if the tenderer constitutes a group of economic operators, e.g. a consortium; in such cases, each participant in the consortium/group must complete separate ESPDs with the information required in Sections II–V of the ESPD. The tenderer is encouraged to use Annexes A and B or equivalent as declarations of support/association. If the same legal entity is part of or otherwise participates in several tenders, the tenderer must ensure that the participation of the same legal entity does not give rise to the possibility of mutually influencing the content of the various tenders. Prior to the award decision, the Contracting Authority will request documentation for the information provided in the ESPD, cf. Sections 151–155 of the Public Procurement Act. The Contracting Authority reserves the right to request the documentation at an earlier stage in the tender process if the Contracting Authority deems it necessary to conduct the tender correctly. In accordance with Article 5k of Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, the Contracting Authority is prohibited from awarding the Contract to: (a) Russian nationals or natural or legal persons, entities or bodies established in Russia; (b) legal persons, entities or bodies in which an entity referred to in (a) directly or indirectly holds more than 50%; or (c) natural or legal persons, entities or bodies acting on behalf of or on the instructions of an entity referred to in (a) or (b), including, if they account for more than 10% of the contract value, subcontractors, suppliers or entities whose capacity is utilised, cf. the Public Procurement Directives. Together with the request for documentation of information in the ESPD, the Contracting Authority will require a declaration from the tenderer in which the tenderer declares that there is no Russian involvement in the contract exceeding the limits set out in Article 5k. The Contracting Authority may request further information or documentation regarding the winning tenderer's ownership structure. The Contracting Authority refers to the use of the template attached as Annex C when submitting the above-mentioned declaration. All communication with the Contracting Authority regarding the tender must be conducted via Ethics. Questions received before the deadline for questions on the tender documentation set out in the timetable will be answered. Questions received after the deadline for questions regarding the tender documentation will be answered to the extent possible no later than 6 days before the expiry of the application deadline. Interested companies are requested to keep themselves informed about the tender via Ethics. Should the tenderer encounter technical difficulties when using Ethics, the tenderer may contact Ethics Support by telephone on +45 70 22 70 07. If a technical issue is expected to affect multiple tenderers, information regarding this will be published via Ethics.
Rechtsgrundlage:
Richtlinie 2014/24/EU
2.1.6.
Ausschlussgründe
Quellen der Ausschlussgründe: Einheitliche Europäische Eigenerklärung (EEE), Bekanntmachung
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.
Betrug: 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).
Geldwäsche oder Terrorismusfinanzierung: 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).
Beteiligung an einer kriminellen Vereinigung: 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).
Terroristische Straftaten oder Straftaten im Zusammenhang mit terroristischen Aktivitäten: 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.
Kinderarbeit und andere Formen des Menschenhandels: 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).
Verstoß gegen umweltrechtliche Verpflichtungen: 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.
Verstoß gegen arbeitsrechtliche Verpflichtungen: 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.
Verstoß gegen sozialrechtliche Verpflichtungen: 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.
Vereinbarungen mit anderen Wirtschaftsteilnehmern zur Verzerrung des Wettbewerbs: Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Schwerwiegendes berufliches Fehlverhalten: Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
Täuschung, Zurückhaltung von Informationen, Unfähigkeit zur Vorlage erforderlicher Unterlagen oder Erlangung vertraulicher Informationen zu dem Verfahren: 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?
Interessenkonflikt aufgrund seiner Teilnahme an dem Vergabeverfahren: 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 oder indirekte Beteiligung an der Vorbereitung des Vergabeverfahrens: 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?
Vorzeitige Beendigung, Schadensersatz oder andere vergleichbare Sanktionen: 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?
Verstoß gegen die Verpflichtung zur Entrichtung von Sozialversicherungsbeiträgen: 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?
Verstoß gegen die Verpflichtung zur Entrichtung von Steuern: 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?
Einstellung der gewerblichen Tätigkeit: 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.
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.
Vergleichsverfahren: 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.
Zahlungsunfähigkeit: 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.
Verwaltung der Vermögenswerte durch einen Insolvenzverwalter: 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.
Der Zahlungsunfähigkeit vergleichbare Lage gemäß nationaler Rechtsvorschriften: 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.