Liste og kortfattet beskrivelse af betingelserne
In Part III.A-C of the ESPD, economic operators must answer whether they are subject to exclusion grounds.
An economic operator is excluded from the procurement procedure if 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 has been convicted by final judgement or fined within the last 4 years for any of the exclusion grounds relating to the criminal convictions listed in section 135(1) of the Danish Public Procurement Act.
An economic operator is excluded from the procurement procedure if it has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to payment of taxes and payment of social security, cf. section 135(3) of the Danish Public Procurement Act. An economic operator is, however, not excluded where the economic operator provides guarantee of payment of the part of the debt which constitutes 100 000 DKK or more, or where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. section 135(4).
An economic operator is excluded from the procurement procedure if it is subject to any of the exclusion grounds listed in sections 136(1)(1) and 136(1)(2) of the Danish Public Procurement Act.
An economic operator is excluded from the procurement procedure if it within the last 2 years has been subject to any of the exclusion grounds listed in sections 136(1)(3) and 137(1)(2-3) of the Danish Public Procurement Act.
The contracting authority can accept the following documentation in relation to the exclusion grounds in sections 135(1), 135(3) and 137(1)(2) of the Danish Public Procurement Act (in order of priority):
1) Extracts from the relevant register or similar documents issued by a competent judicial or administrative authority or certificates issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2);
2) A declaration on oath (only if such extracts, certificates or similar documents are not issued in the country where the economic operator is established, or where the documentation does not cover all the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2) entirely);
3) A solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established (only if there is no provision for declarations on oath in the country where the economic operator is established).
Thus, the contracting authority cannot accept e.g. a solemn declaration made before a notary if there can be issued a certificate by the competent authority in the country where the economic operator is established. Moreover, the contracting authority cannot accept self-declarations or similar declarations issued by the economic operator or the person concerned as documentation in relation to the exclusion grounds.
Economic operators can identify the relevant documentation using the online platform e-Certis:
https://ec.europa.eu/growth/tools-databases/ecertis/