DTU requires a precise and accurate two axis goniometer for the ‘High Enough Resolution Diffractometer’ (HERDi) that will be located at the DanMAX beamline at the MAX IV 3GeV synchrotron source. The HERDi instruments consists of the following larger components: Precise and accurate two axis goniometer with counterweights, a microstrip X-ray detector (SDD = 760 mm) covering more than 120 degrees in two theta, a motorized sample environment table, beam conditioning and a sample chang-ing robot. Only the goniometer and associated alignment motion is included in this tender. The agreement concerns the design, manufacturing, testing, and delivery of the HERDi goniometer for the DanMAX materials science beamline at the MAX IV 3 GeV storage ring. The beamline operates in the 15 – 35 keV energy range and conduct full field imaging and powder X-ray diffraction experiments. The first of three planned end station instruments are currently in the general user program. The second instrument is under commissioning, this tender regards the third instrument. The project is funded by grants from ‘Nationalt Udvalg for Forskningstruktur’ under the Danish Minis-try of Higher Education and Science, the Capital Region, and the Central Denmark Region. In addition to these grants the MAX IV laboratory Technical University of Denmark (DTU), Aarhus University, and University of Copenhagen are also contributing financially to the project. The time of Delivery is one year from the last signature of the Agreement. The Supplier must endeavor to deliver by the end of 2024.
Deadline
Fristen for modtagelse af bud var på 2024-02-15.
Indkøbet blev offentliggjort på 2023-12-20.
Udbudsbekendtgørelse (2023-12-20) Objekt Omfanget af udbuddet
Titel: Goniometer
Referencenummer: 8610
Kort beskrivelse:
DTU requires a precise and accurate two axis goniometer for the ‘High Enough Resolution Diffractometer’ (HERDi) that will be located at the DanMAX beamline at the MAX IV 3GeV synchrotron source. The HERDi instruments consists of the following larger components: Precise and accurate two axis goniometer with counterweights, a microstrip X-ray detector (SDD = 760 mm) covering more than 120 degrees in two theta, a motorized sample environment table, beam conditioning and a sample chang-ing robot. Only the goniometer and associated alignment motion is included in this tender.
The agreement concerns the design, manufacturing, testing, and delivery of the HERDi goniometer for the DanMAX materials science beamline at the MAX IV 3 GeV storage ring. The beamline operates in the 15 – 35 keV energy range and conduct full field imaging and powder X-ray diffraction experiments. The first of three planned end station instruments are currently in the general user program. The second instrument is under commissioning, this tender regards the third instrument. The project is funded by grants from ‘Nationalt Udvalg for Forskningstruktur’ under the Danish Minis-try of Higher Education and Science, the Capital Region, and the Central Denmark Region. In addition to these grants the MAX IV laboratory Technical University of Denmark (DTU), Aarhus University, and University of Copenhagen are also contributing financially to the project.
The time of Delivery is one year from the last signature of the Agreement. The Supplier must endeavor to deliver by the end of 2024.
DTU requires a precise and accurate two axis goniometer for the ‘High Enough Resolution Diffractometer’ (HERDi) that will be located at the DanMAX beamline at the MAX IV 3GeV synchrotron source. The HERDi instruments consists of the following larger components: Precise and accurate two axis goniometer with counterweights, a microstrip X-ray detector (SDD = 760 mm) covering more than 120 degrees in two theta, a motorized sample environment table, beam conditioning and a sample chang-ing robot. Only the goniometer and associated alignment motion is included in this tender.
The agreement concerns the design, manufacturing, testing, and delivery of the HERDi goniometer for the DanMAX materials science beamline at the MAX IV 3 GeV storage ring. The beamline operates in the 15 – 35 keV energy range and conduct full field imaging and powder X-ray diffraction experiments. The first of three planned end station instruments are currently in the general user program. The second instrument is under commissioning, this tender regards the third instrument. The project is funded by grants from ‘Nationalt Udvalg for Forskningstruktur’ under the Danish Minis-try of Higher Education and Science, the Capital Region, and the Central Denmark Region. In addition to these grants the MAX IV laboratory Technical University of Denmark (DTU), Aarhus University, and University of Copenhagen are also contributing financially to the project.
The time of Delivery is one year from the last signature of the Agreement. The Supplier must endeavor to deliver by the end of 2024.
All Tenderers must complete and hand in the European Single Procurement Document (ESPD) as part of the tender. The ESPD must be completed directly in EU-Supply in connection with submission of the tender.
If the Tenderer represents a consortium with several legally authorised persons, each authorised person in the consortium must complete and submit an ESPD. The legal entity sending/uploading the tender does not need to sign the completed ESPD. But the other consortium participants must each sign their completed ESPD.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit an ESPD. The ESPD must be signed by the supporting entities.
The Tenderer can only participate in the tender, if the Tenderer is not encompassed by any of the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act.
Please note that: Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the Tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
Prior to the award decision the Tenderer that is expected to be awarded the agreement must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD.
If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion.
If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration.
If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit Ap-pendix B – Letter of Support.
For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU.
Non-Danish Tenderers must provide:
- An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and,
- A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, sub-section 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended).
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Please note, that the Tenderer cannot be awarded the agreement if the Tenderer has any association with Russian nationals, natural or legal persons, entities or bodies established in Russia according to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
All Tenderers must complete and hand in the European Single Procurement Document (ESPD) as part of the tender. The ESPD must be completed directly in EU-Supply in connection with submission of the tender.
If the Tenderer represents a consortium with several legally authorised persons, each authorised person in the consortium must complete and submit an ESPD. The legal entity sending/uploading the tender does not need to sign the completed ESPD. But the other consortium participants must each sign their completed ESPD.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit an ESPD. The ESPD must be signed by the supporting entities.
The Tenderer can only participate in the tender, if the Tenderer is not encompassed by any of the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act.
Please note that: Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the Tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
Prior to the award decision the Tenderer that is expected to be awarded the agreement must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD.
If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion.
If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration.
If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit Ap-pendix B – Letter of Support.
For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU.
Non-Danish Tenderers must provide:
- An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and,
- A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, sub-section 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended).
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Please note, that the Tenderer cannot be awarded the agreement if the Tenderer has any association with Russian nationals, natural or legal persons, entities or bodies established in Russia according to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
Postadresse: Fotongatan 8
Postnummer: 22484
By: Lund
Land: Sverige 🇸🇪
Varighed: 1 år Kriterier for tildeling
Pris ✅
Pris (justeringskoefficient): 60
Kvalitetskriterium (navn): Quality and functionality
Kvalitetskriterium (vægtning): 20
Kvalitetskriterium (navn): Performance and design
Titel
Partiets identifikationsnummer: LOT-0000
Procedure Type af procedure
Åben procedure ✅
Retsgrundlag: Direktiv 2014/24/EU
Administrative oplysninger
Frist for modtagelse af bud eller ansøgninger om deltagelse: 2024-02-15 12:00:00 📅
Betingelser for åbning af buddene: 2024-02-15 12:00:00 📅
Sprog, på hvilke bud eller ansøgninger om deltagelse kan indgives: engelsk 🗣️
Minimumsfrist, inden for hvilken tilbudsgiveren skal opretholde tilbuddet: 6 måneder Udbudsbetingelser
Tilbudsgivere kan indgive mere end ét tilbud
Åbningsdato: 2024-02-15 12:00:00 📅
Elektronisk fakturering: Påkrævet
Der vil blive anvendt elektronisk bestilling ✅
Der vil blive anvendt elektronisk betaling ✅
Yderligere oplysninger:
The buyer reserves the right to request for supplementing information and documentation, cf. (the Public Procurement Act) Udbudsloven § 159, subsection 5.
Kriterier for tildeling
Vægtningstype: Vægtning (procentdel, præcis)
Udbudsbetingelser
Kontrakten indeholder gennemførelsesbetingelser ✅
Juridiske, økonomiske, finansielle og tekniske oplysninger Økonomisk og finansiel stilling
Liste og kortfattet beskrivelse af udvælgelseskriterier:
General yearly turnover: In the ESPD the Tenderer must fill out information regarding net turnover in the last 3 audited financial year.
For the last 3 audited financial years, as a minimum the Tenderer must on average have had a:
- Net turnover of DKK 3.000.000
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Liste og kortfattet beskrivelse af udvælgelseskriterier
General yearly turnover: In the ESPD the Tenderer must fill out information regarding net turnover in the last 3 audited financial year.
For the last 3 audited financial years, as a minimum the Tenderer must on average have had a:
- Net turnover of DKK 3.000.000
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Teknisk og faglig kompetence
Performance of deliveries of the specified type: In the ESPD the Tenderer must fill out information regarding references for comparable agreements.
As a minimum the Tenderer must provide 3 references for comparable agreements.
Comparable agreements mean agreements concerning high precision goniometers, monochromators or comparable devices. The agreement, to which the reference refers, must not be more than 3 years old. The date is calculated from the last signature on the agreement referred to.
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Liste og kortfattet beskrivelse af udvælgelseskriterier
Performance of deliveries of the specified type: In the ESPD the Tenderer must fill out information regarding references for comparable agreements.
As a minimum the Tenderer must provide 3 references for comparable agreements.
Comparable agreements mean agreements concerning high precision goniometers, monochromators or comparable devices. The agreement, to which the reference refers, must not be more than 3 years old. The date is calculated from the last signature on the agreement referred to.
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Betingelser for deltagelse
De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:
The Supplier will receive payment according to the following payment schedule:
• On conclusion of the Agreement (prepayment): 10 % of the contract value
• On approved Factory Acceptance Test (prepayment): 30 % of the contract value
• On arrival of the Deliverables at MAX IV: 40 % of the contract value
• On approved Site Acceptance Test: 20 % of the contract value
The due date of payment is 30 Days from the Supplier’s submission of a correct electronic invoice for payment
The Supplier must issue a bank guarantee as a condition for being able to receive prepayment.
De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem
The Supplier will receive payment according to the following payment schedule:
• On conclusion of the Agreement (prepayment): 10 % of the contract value
• On approved Factory Acceptance Test (prepayment): 30 % of the contract value
• On arrival of the Deliverables at MAX IV: 40 % of the contract value
• On approved Site Acceptance Test: 20 % of the contract value
The due date of payment is 30 Days from the Supplier’s submission of a correct electronic invoice for payment
The Supplier must issue a bank guarantee as a condition for being able to receive prepayment.
Betingelser i forbindelse med kontrakten
Betingelser for opfyldelse af kontrakten:
The Supplier must maintain general liability insurance and product liability insurance on standard terms and conditions and at an ordinary sum insured for the area.
The Supplier must comply with clauses in the agreement regarding social responsibility and sustainability.
The Supplier must maintain general liability insurance and product liability insurance on standard terms and conditions and at an ordinary sum insured for the area.
The Supplier must comply with clauses in the agreement regarding social responsibility and sustainability.
Betingelser for deltagelse
Udelukkelsesgrund:
Aktiver, der administreres af en kurator
Betaling af skatter og afgifter
Betaling af socialsikringsbidrag
+ 16 mere
Børnearbejde og andre former for menneskehandel
Deltagelse i en kriminel organisation
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure
En situation, der svarer til konkurs i henhold til national ret
Erhvervsvirksomheden er indstillet
Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure
Hvidvaskning af penge eller finansiering af terrorisme
Insolvens
Interessekonflikt som følge af deltagelse i udbudsproceduren
Konkurs
Korruption
Rent nationale udelukkelsesgrunde
Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet
Svig
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet
Tvangsakkord uden for konkurs
Beskrivelse af udelukkelsesgrunde:
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.
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.
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.
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.
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
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
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.
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.
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).
… 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).
… 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).
… 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).
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.
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.
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.
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.
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?
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?
Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the applicant or tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the applicant or tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
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?
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?
Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
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?
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?
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.
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.
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?
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.
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.
All Tenderers must complete and hand in the European Single Procurement Document (ESPD) as part of the tender. The ESPD must be completed directly in EU-Supply in connection with submission of the tender.
If the Tenderer represents a consortium with several legally authorised persons, each authorised person in the consortium must complete and submit an ESPD. The legal entity sending/uploading the tender does not need to sign the completed ESPD. But the other consortium participants must each sign their completed ESPD.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit an ESPD. The ESPD must be signed by the supporting entities.
The Tenderer can only participate in the tender, if the Tenderer is not encompassed by any of the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act.
Please note that: Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the Tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
Prior to the award decision the Tenderer that is expected to be awarded the agreement must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD.
If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion.
If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration.
If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit Ap-pendix B – Letter of Support.
For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU.
Non-Danish Tenderers must provide:
- An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and,
- A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, sub-section 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended).
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Please note, that the Tenderer cannot be awarded the agreement if the Tenderer has any association with Russian nationals, natural or legal persons, entities or bodies established in Russia according to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
All Tenderers must complete and hand in the European Single Procurement Document (ESPD) as part of the tender. The ESPD must be completed directly in EU-Supply in connection with submission of the tender.
If the Tenderer represents a consortium with several legally authorised persons, each authorised person in the consortium must complete and submit an ESPD. The legal entity sending/uploading the tender does not need to sign the completed ESPD. But the other consortium participants must each sign their completed ESPD.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit an ESPD. The ESPD must be signed by the supporting entities.
The Tenderer can only participate in the tender, if the Tenderer is not encompassed by any of the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act.
Please note that: Under section 134 a of the Public Procurement Act, DTU shall exclude an applicant or tenderer from participation in the tender procedure if the Tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question.
Prior to the award decision the Tenderer that is expected to be awarded the agreement must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD.
If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion.
If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration.
If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion.
If the Tenderer relies on the capacities of other entities, each entity must complete and submit Ap-pendix B – Letter of Support.
For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU.
Non-Danish Tenderers must provide:
- An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and,
- A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, sub-section 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended).
If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability.
Please note, that the Tenderer cannot be awarded the agreement if the Tenderer has any association with Russian nationals, natural or legal persons, entities or bodies established in Russia according to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
Gennemgå organ
Navn: Klagenævnet for Udbud
Nationalt registreringsnummer: 37795526
Postadresse: Nævnenes hus, Toldboden 2
Postnummer: 8800
Postby: Viborg
Land: Danmark 🇩🇰
E-mail: klfu@erst.dk📧
Telefon: +45 35291000📞 Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Nationalt registreringsnummer: 10294819
Postadresse: Carl Jacobsens Vej 35
Postnummer: 2500
Postby: Valby
E-mail: kfst@kfst.dk📧
Telefon: +45 41715000📞 Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
Complaint regarding prequalification:
Complaint regarding prequalification must be submitted no later than 20 calendar days after notification has been sent to the concerned Candidates informing them who has been selected, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 1.
Complaint regarding award of contract:
Complaint regarding the award of a contract must be submitted no later than 45 calendar days from the date after the Contracting Authority has published a notice in the European Union Official Journal informing that the Contracting Authority has awarded/concluded a contract, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 1.
Complaint regarding award of a contract under a framework agreement with a reopening of the competition (mini-tender):
Complaint regarding the award of a contract under a framework agreement with a reopening of the competition must be submitted no later than 30 calendar days from the date after the Contracting Authority has notified the concerned Tenderers that a contract based on a framework agreement with a reopening of the competition has been awarded/concluded, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 2.
Complaint regarding the award of a framework agreement:
Complaint regarding the award of a contract must be submitted no later than 6 months from the date after the Contracting Authority has notified the concerned Candidates and Tenderers that a framework agreement has been concluded, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 3.
Complaint regarding direct award of contract:
Complaint that the Contracting Authority, contrary to the Public Procurement Act, has concluded a contract without prior publication of a contract notice in the European Union Official Journal must be submitted no later than 30 calendar days from the date after a contract award notice has been published by the Contracting Authority in the European Union Official Journal and that contract award notice includes the grounds for the decision to award the contract directly, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, section 3.
Compliant regarding public procurements below the EU threshold:
Complaint regarding violation of public procurements below the EU threshold must be submitted no later than 45 calendar days from the date after the Contracting Authority has notified the Tenderers about the award of contract, if this notification includes the grounds for the decision; and no later than 6 months from the date after the Contracting Authority has notified the concerned Candidates and Tenderers that a framework agreement has been concluded, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, section 4, no. 1 and 2. Compliant regarding prequalification on procurement below the EU threshold must be submitted no later than 20 calendar days from the date after the Contracting Authority has sent a notification to the concerned Candidates who has been selected and this notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders)) § 7, Section 5.
Præcise oplysninger om fristerne for gennemgangsprocedurer
Complaint regarding prequalification:
Complaint regarding prequalification must be submitted no later than 20 calendar days after notification has been sent to the concerned Candidates informing them who has been selected, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 1.
Complaint regarding award of contract:
Complaint regarding the award of a contract must be submitted no later than 45 calendar days from the date after the Contracting Authority has published a notice in the European Union Official Journal informing that the Contracting Authority has awarded/concluded a contract, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 1.
Complaint regarding award of a contract under a framework agreement with a reopening of the competition (mini-tender):
Complaint regarding the award of a contract under a framework agreement with a reopening of the competition must be submitted no later than 30 calendar days from the date after the Contracting Authority has notified the concerned Tenderers that a contract based on a framework agreement with a reopening of the competition has been awarded/concluded, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 2.
Complaint regarding the award of a framework agreement:
Complaint regarding the award of a contract must be submitted no later than 6 months from the date after the Contracting Authority has notified the concerned Candidates and Tenderers that a framework agreement has been concluded, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, Section 2, no. 3.
Complaint regarding direct award of contract:
Complaint that the Contracting Authority, contrary to the Public Procurement Act, has concluded a contract without prior publication of a contract notice in the European Union Official Journal must be submitted no later than 30 calendar days from the date after a contract award notice has been published by the Contracting Authority in the European Union Official Journal and that contract award notice includes the grounds for the decision to award the contract directly, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, section 3.
Compliant regarding public procurements below the EU threshold:
Complaint regarding violation of public procurements below the EU threshold must be submitted no later than 45 calendar days from the date after the Contracting Authority has notified the Tenderers about the award of contract, if this notification includes the grounds for the decision; and no later than 6 months from the date after the Contracting Authority has notified the concerned Candidates and Tenderers that a framework agreement has been concluded, if the notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders) § 7, section 4, no. 1 and 2. Compliant regarding prequalification on procurement below the EU threshold must be submitted no later than 20 calendar days from the date after the Contracting Authority has sent a notification to the concerned Candidates who has been selected and this notification includes the grounds for the decision, cf. lov om Klagenævnet for Udbud (Complaints Board for Tenders)) § 7, Section 5.
Oplysninger om elektroniske arbejdsgange
Elektronisk fakturering vil blive accepteret
Kilde: OJS 2023/S 246-774640 (2023-12-20)