2.1.4.
Allgemeine Informationen
Zusätzliche Informationen: The competition is opened only for EU-registered companies. The Contracting Entity uses the e-sourcing system EU-Supply. EXCLUSION GROUNDS: Economic Operators finding themselves in circumstances as stipulated in sections 135-136 and section 137(1)(1,2,6) of the Public Procurement Act are excluded from participating in this tender procedure. PRELIMINARY DOCUMENTATION: As preliminary documentation that the tenderer is not excluded under Sections 135-136 and section 137(1)(1,2,6) of the Public Procurement Act, and to demonstrate that the tenderer meets the minimum suitability requirements set out in the contract notice and above, the tenderer should submit a correctly completed ESPD with the tender. OBTAINING DOCUMENTATION: Upon request from the Contracting Entity, Economic Operators must show that they are not subject to any exclusion grounds. For Danish Economic Operators, the documentation requirement may be met by submitting an official certificate from the Danish Business Authority, which must be issued no more than 6 months before the date of submission. For non-Danish Economic Operators, documentation may be provided by submitting the following: • An extract from a relevant register or a similar document issued by a competent authority showing that the Economic Operator is not subject to the exclusion grounds set out in section 135(1) of the Public Procurement Act; and • a certificate issued by a competent authority showing that the Economic Operator is not subject to the exclusion grounds set out in sections 135(3) and 137(2) and (6) of the Public Procurement Act. If the country concerned does not issue the above documents or certificates, or if these do not cover all the grounds for exclusion required, they may be replaced by a sworn statement. If sworn statements are not used in the country concerned, a solemn declaration made before a competent judicial or administrative authority, a notary or a competent professional body in the country where the Economic Operator or Economic Operator is established may be used. Upon request from the Contracting Entity, Economic Operators must show that they meet the minimum requirements specified in the contract notice for financial suitability by providing the following documentation: •The Economic Operator’s three latest annual reports / financial statements. If, for reasons not attributable to the Economic Operator, the Economic Operator cannot provide such documentation, the Economic Operator may show its financial suitability in any other way deemed appropriate by the Contracting Entity. As a result of Article 5k of Council Regulation (EU) 2025/395 of 24 February 2025 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilizing the situation in Ukraine, the Economic Operator must submit: •Signed declaration (Annex C).
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.