Liste og kortfattet beskrivelse af betingelserne
The tenderer must submit the European Single Procurement Document (‘ESPD’) with the following information:
— whether the tenderer is subject to the compulsory grounds for exclusion set out in section 135(1) No 1-6, (2) and (3) of the Danish Public Procurement Act (regarding actions committed as part of a criminal organisation, corruption, fraud, acts of terror or criminal acts related to terrorist activities, money laundering or financing of terrorism, use of child labour or other types of human trafficking, unpaid overdue debt, etc.); and
— whether the tenderer is subject to the compulsory grounds for exclusion set out in section 136 No 1-3 of the Danish Public Procurement Act (regarding conflicts of interest, distortion of competition, incorrect or retained information, etc.); and
— whether the tenderer is subject to the voluntary grounds for exclusion set out in section 137(1) No 2 (regarding declaration of bankruptcy or undergoing insolvency or winding-up proceedings, assets being administered by a receiver or by court, discontinuance of commercial activities or other similar situations); and
— whether the tenderer is subject to the voluntary grounds for exclusion set out in section 137(1) No 7 (regarding unpaid overdue debt of less than DKK 100 000 to public authorities).
The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirement in respect of the pursue of professional activity, including requirements relating to enrolment on professional or trade registers. The contracting authority cannot take into account any statements issued otherwise than in the ESPD, cf. section 148 if the Danish Public Procurement Act.
For groups of operators (e.g. a consortium), the information must be submitted for each participation operator of the group. Where an operator relies on the economic and financial standing and/or technical and professional ability of other entities (e.g. a parent company, sister company or a subcontractor), the information must be submitted for these entities also. The information is to be stated in section III) of the ESPD.
Before the decision to award the contract is made, the tenderer to whom the contracting authority intends to award the contract must submit that the information stated in the ESPD is accurate. The contracting authority will require the following documentation from the tenderer for the entries in the ESPD regarding the compulsory grounds for exclusion set out in section 135(1) No 1-6 and (3) and the voluntary grounds for exclusion set out in section 137(1) No 2 and 7 of the Danish Public Procurement Act:
For Danish operators:
(a) service/registration certificate (‘Serviceattest’) issued from the Danish Business Authority;
(b) if there are foreign members in the board of directors, management and/or supervisory board of the company, the company shall obtain a Danish certificate of criminal record issued by the Danish National Police (‘Rigspolitiet’) for the related persons in addition to the service/registration certificate (‘Serviceattest’).
For foreign operators:
(a) an excerpt from the relevant register or some equivalent document issued by a competent judicial or administrative authority showing that the tenderer is not subject to the compulsory grounds of exclusion in section 135(1) of the Danish Public Procurement Act;
(b) a certificate issued by the competent authority of that country as proof that the tenderer is not subject to the compulsory grounds of exclusion set out in section 135(3) and the voluntary grounds of exclusion set out in section 137 (1) No 1 of the Danish Public Procurement Act. If the country concerned are not issuing the above-mentioned type of certificates, a solemn declaration that have been given to a competent judicial or administrative authority, a notary or a competent organisation in the country where the tenderer is established, may be used instead.