2.1.4.
Allgemeine Informationen
Zusätzliche Informationen: Regarding successive reductions: No shortlisting or reduction in the number of tenders will take place during the negotiation phase, notwithstanding that the option "Yes" has been selected under the section "Second Phase" – "Successive Reductions". The selection of "Yes" is solely due to a technical requirement in the contract notice. ------------------------------------------------------------------------------------------- Each Contracting Entity reserves the right not to enter a Contract due to, e.g., political decisions within the municipality. Thus, after submitting the final tenderer each of the Contracting Entities will make a pollical decision, whether they can approve the procurement. Afterwards, the evaluation of the tender will be completed, based on specific combinations of ferries to be delivered to the Contracting Entities. Thus, the evaluation for the sub-criterion ‘Price’ and 'Time of delivery' will be evaluated based on the submitted prices and descriptions respectively, for the Contracting Entities choosing to place an order for a new ferry -------------------------------------------------------------------------------------------- Grounds for exclusion pursuant to Section 134a of the Danish Public Procurement Act Is the economic operator established in a country included on the EU list of non-cooperative jurisdictions for tax purposes and which has not acceded to the WTO Government Procurement Agreement or other trade agreements obliging Denmark to open its public procurement market to tenderers established in the country in question? The Contracting Entities shall furthermore exclude economic operators covered by the EU sanctions pursuant to Article 5k of Council Regulation (EU) No 833/2014, as amended, concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. The Contracting Entities have chosen not to divide the procurement into separate lots. Based on economic considerations, the Contracting Entities have assessed that more advantageous prices can be achieved by awarding a single contract. In order to ensure the quality and coherence of the procurement as a whole, it is considered appropriate to award a single contract. Furthermore, from a market perspective, dividing the contract into lots is not considered likely to provide additional economic operators, including SMEs, with an increased opportunity to submit tenders. Applicants/tenderers are encouraged to seek clarification of any ambiguities or uncertainties by submitting questions concerning the procurement. All questions must be submitted via ETHICS by clicking “Send Question” under the “Communication” tab. The dialogue box must then be completed by stating the relevant reference and the question. By clicking “Send”, the question will be submitted to the Contracting Entities. The Contracting Entities will answer questions by uploading a question-and-answer document, cf. Contract Appendix 15 – Questions & Answers. In accordance with the timetable, questions received before the deadline for questions will be answered by the Contracting Entities. Questions received after the expiry of the deadline for questions will only be answered if, having regard to the nature of the question, it would not be disproportionately burdensome for the Contracting Entities to answer the question before the deadline for answers. Questions received later than six (6) full days before the respective deadlines for submission of applications and tenders will, as a general rule, not be answered. Technical questions concerning the use of the ETHICS procurement system must be addressed to the support service by telephone on +45 70 22 70 07 or by clicking the “Customer Service” icon. At the earliest following notification of the pre-qualification and at the request of the Contracting Entities, the Tenderer and, where applicable, other entities or participants in a consortium shall provide documentation substantiating the information provided in the ESPD in connection with the pre-qualification, pursuant to Sections 144 and 152 of the Danish Public Procurement Act. The Contracting Entities are entitled, but not obliged, to request the Tenderer and, where applicable, other entities or participants in a consortium to supplement or clarify the documentation received, cf. Section 151(4) of the Danish Public Procurement Act. Documentation confirming that the economic operator is not subject to any grounds for exclusion If the Tenderer and, where applicable, other entities or participants in a consortium are established in Denmark, documentation shall be provided in the form of a service certificate (serviceattest) issued by the Danish Business Authority. The service certificate shall contain information from: The Bankruptcy Court under the Danish Court Administration The Danish Tax Agency ATP The Danish Police (Criminal Register) Please note that a “consent declaration” must be completed and signed and uploaded when ordering the service certificate. The service certificate must be ordered via Virk.dk. The service certificate may not be more than six (6) months old, calculated from the date specified by the Contracting Entities as the deadline when requesting the documentation. For information, the processing time at the Danish Business Authority is approximately two (2) weeks from receipt of the order. If the Tenderer and, where applicable, other entities or participants in a consortium are not established in Denmark, the Tenderer shall, as a general rule, provide the types of documentation specified in e-Certis. e-Certis is an online information system used to identify the relevant documentation to be submitted by economic operators in connection with public procurement procedures in the EU Member States. If the countries concerned do not issue the relevant certificates or documents, or if the certificates or documents issued do not cover all relevant cases, they may be replaced by a declaration made on oath. If declarations made on oath are not provided for under the law of the country concerned, they may instead be replaced by a solemn declaration made by the economic operator. Verification of information provided in ESPD Part IV – Selection criteria Verification of the information provided in ESPD Part IV – Selection criteria shall be carried out as follows: Information concerning financial key figures may be verified on the basis of annual accounts or by submitting a declaration concerning the Tenderer’s overall liquidity ratio and solvency ratio for the three (3) most recently completed financial years, unless the Contracting Entities can obtain the relevant information directly through access to a national database, or the Contracting Entities already possess the necessary documentation from previously conducted procurement procedures. No additional documentation concerning references is required. ------------------------------------------------------------------------------------ No remuneration will be paid to the Applicant/Tenderer for the participation in this procurement procedure.
Rechtsgrundlage:
Richtlinie 2014/24/EU
2.1.6.
Ausschlussgründe
Quellen der Ausschlussgründe: 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.