Exclusion:
Applicants must not be subject to the mandatory grounds for exclusion in Section 134a, Section 135, paragraphs 1-3 and Section 136 of the Danish Public Procurement Act. Otherwise, the contracting authority is obliged to exclude the applicant, except as provided in Section 135, paragraphs 4 and 5 of the Public Procurement Act.
Applicants must not be affiliated with Russian citizens or physical or legal entities, bodies or organs that are established in Russia, in accordance with the EU Regulation “concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine” (Regulation No. 833/2014 of July 31, 2014 as amended by Council regulation (EU) No. 2022/576 of April 8, 2022).
With regard to voluntary grounds for exclusion in Section 137 of the Danish Public Procurement Act, applicants must not be subject to the following: Bankruptcy, etc. cf. Section 137, paragraph 1, No. 2.
Consortia:
If a request for participation is submitted by a consortium, each participant must complete an ESPD.
It is however, the suitability of the consortium as a whole that will be evaluated. This also means that no more than 3 references should be provided for the consortium, as specified in “Technical and professional ability”. If the required information is not provided by all consortium members, the application may not necessarily be non-compliant, but it may have an impact on the combined evaluation.
Requests for participation submitted by a consortium must be accompanied by a completed and signed consortium declaration (Consortium Declaration), in which consortium members declare that they are jointly and severally liable in relation to the contracting entity.
The declaration must specify which consortium participant, with binding effect, can hold clarifying discussions and enter into agreements with the contracting entity.
Applicants relying on other entities capabilities:
If applicants rely on other entities financial and economic capacity and/or technical and professional capabilities when submitting a request for participation, an ESPD must be supplied for these entities in addition to that for the applicant.
It is the suitability of the applicant team as a whole, that will be evaluated. This also means that no more than 3 references should be provided for the combined team including the supporting entities, as specified in “Technical and professional ability”. If the required information is not provided by all members of the applicant team, the application may not necessarily be non-compliant, but it may have an impact on the combined evaluation.
Requests for participation must be accompanied by a declaration, where the entities the applicant relies upon, make a binding commitment to make the specified resources available to the applicant, if the applicant team is awarded the contract (Declaration of Availability).
Documentation for ESPD:
To ensure that procurement procedures are correctly followed, the contracting entity has determined that all tenderers must provide documentation of the information submitted in the ESPD concerning exclusion and capabilities, cf. Section 151 of the Danish Public Procurement Act. Documentation is to be provided cf. section 4, tender schedule.