2.1.4.
Allgemeine Informationen
Zusätzliche Informationen: The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act. Prior to the decision on award of the framework agreement, documentation of the information provided in the ESPD must be submitted, see sections 151 and 152 of the Danish Public Procurement Act. By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii), the following must be provided in accordance with section 153 of the Danish Public Procurement Act: - an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii); - where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc. For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis. The contracting authority can however request a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure. The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer. A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability. The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability, or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act. The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k. The tendered framework agreement has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, as a unified solution is considered the most effective in a situation that requires continuous coordination regarding calculations, data modifications, and the modeling based on these. A unified contract ensures consistency, reduces administrative complexity, and facilitates streamlined communication and decision-making throughout the process.
Rechtsgrundlage:
Richtlinie 2014/24/EU
2.1.6.
Ausschlussgründe
Quellen der Ausschlussgründe: Bekanntmachung, Einheitliche Europäische Eigenerklärung (EEE)
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: 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).
Terroristische Straftaten oder Straftaten im Zusammenhang mit terroristischen Aktivitäten: 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
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?
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.