Yderligere oplysninger
The tendered contract has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, due to the services performed under the contract can not be divided between two or more economic operators.
The contracting authority shall in accordance with section 134 a of the Danish Public Procurement Act exclude economic operators established in a country stated on the EU list of non-cooperative jurisdictions for tax purposes and which is not a party to the WTO Government Procurement Agreement or any other binding for Denmark free-trade agreement.
The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act.
Prior to the decision on award of the contract, documentation of the information provided in the ESPD must be submitted, see sections 151 and 152 of the Danish Public Procurement Act.
By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii) and (vi), the following must be provided in accordance with section 153 of the Danish Public Procurement Act:
- an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii);
- where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc.
For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis.
The contracting authority can however request a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure.
The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer.
A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability.
The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning), or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act.
The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.