2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Corruption: 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Fraud: 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). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Terrorist offences or offences linked to terrorist activities: 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Money laundering or terrorist financing: 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). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Child labour and including other forms of trafficking in human beings: 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). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Breaching obligation relating to payment of social security contributions: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Breaching obligation relating to payment of taxes: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Direct or indirect involvement in the preparation of this procurement procedure: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: 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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Grave professional misconduct: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Assets being administered by liquidator: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Business activities are 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022
Insolvency: 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Bankruptcy: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Arrangement with creditors: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Grounds relating to insolvency, conflicts of interests or professional misconduct: 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Breaching of obligations in the fields of labour law: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Breaching of obligations in the fields 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Breaching of obligations in the fields 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. The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Agreements with other economic operators aimed at distorting competition: The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022