2.1.4.
Allgemeine Informationen
Zusätzliche Informationen: The Tenderer can only participate in the tender, if the Tenderer is not encompassed by the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act and the voluntary grounds for exclusion in section 137(1)(1 and 2). Pursuant to section 134a in the Danish Public Procurement Act, DTU must exclude a Tenderer from participation in the procurement procedure if the Tenderer is established in a country that is included in the EU list of non-cooperative tax jurisdictions and has not acceded to the WTO Government Procurement Agreement or other trade agreements that oblige Denmark to open the market for public contracts to tenderers established in the country in question. Throughout the term of the Agreement, the Supplier must not be covered by the description in 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 (‘Regulation 2022/576’). Upon DTU’s request the Tenderers must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD. If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion. If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration. If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion. If the Tenderer relies on the capacities of other entities, each entity must complete and submit Appendix B – Letter of Support. For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU. Non-Danish Tenderers must provide: - An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and, - A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, subsection 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended). If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability. As documentation for the winning tenderer's documentation for fulfilling minimum requirement for Technical and Professional Ability DTU reserves the right to contact the reference(s) stated in the ESPD
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.
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, 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?
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?
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.