The contracting authority will exclude economic operators who are covered by:
— one or more of the mandatory grounds for exclusion in sections 135-136 of the Danish Public Procurement Act; and/or
— one or more of the voluntary grounds for exclusion in section 137(1), number (2) or (7) of the Danish Public Procurement Act.
Pursuant to section 151(1) of the Danish Public Procurement Act, the contracting authority must obtain final documentation for the information specified in the ESPD from the tenderer whom the contracting authority intends to award the contract.
As documentation of the fact that the tenderer is not subject to the grounds for exclusion the contracting authority will accept the following:
— an extract from the relevant register or a similar document issued by a competent judicial or administrative authority stating that the candidate or tenderer is not subject to the grounds for exclusion stipulated in section 135(1);
— a certificate issued by the competent authority in the country referred to as documentation that the candidate is not subject to the grounds for exclusion stipulated in the cases stated in section 135(3) and section 137(1)(2 or 7).
If the country in question does not issue the documents or certificates, or if such documents or certificates do not cover all the cases mentioned in section 135(1) or (3) and section 137(1)(2 or 7), those documents or certificates can be replaced by a statement provided on oath. If statements on oath are not provided for in the relevant country, a solemn declaration made before a competent judicial or administrative authority, a notary or a competent professional organisation in the country in which the tenderer is registered can be applied.
For tenderers registered in Denmark, this documentation can be in the form of submission of a service certificate issued by the Danish Business Authority on request. This also applies in case the tenderer has foreign members in the board, management or supervisory committee.
For tenderers registered outside Denmark, please be aware of the listed relevant documentation in e-certis, which will be sufficient:
https://ec.europa.eu/growth/tools-databases/ecertis/.
The contracting authority will accept sufficient documentation from national authorities in the national language. The Contracting Authority requests this documentation to be unofficially translated into English
Documentation must not have been issued earlier than 6 months prior to the deadline of submission of tender.
As documentation that the tenderer meets the requirements for suitability, the tenderer will be asked to submit:
— audited annual accounts or extracts thereof, showing the tenderer's annual turnover and equity in the most recently completed and audited financial report at the deadline of submission of the tender;
— contact information for the contact person(s) of the customers that the tenderer has provided as references in the ESPD, if these do not appear in the ESPD.
The tenderer may document its fulfilment of the minimum requirements for economic and financial standing by any other document that the contracting authority deems appropriate, if the tenderer for a valid reason is unable to submit the above documents.
In addition, the tenderer is not obliged to provide documentation for information that the contracting authority can obtain itself in a national database. In this case, however, the tenderer must state where this documentation can be found.
If the tenderer is a group of economic operators (e.g. a consortia), documentation in relation to both grounds for exclusion and suitability must be submitted for each of the entities in the group.
If the tenderer relies on the economic and financial standing and /or technical and professional ability of one or more entities, documentation for reasons of exclusion and relevant documentation of suitability must also be submitted for each of the supporting entities.