2.1.1.
Formål
Kontraktens hovedformål: Varer
Supplerende kontrakttype: Bygge og anlæg
Primær klassifikation (cpv): 34000000 Transportudstyr og transporthjælpemidler
Supplerende klassifikation (cpv): 34620000 Rullende materiel, 34622000 Passagervogne til jernbaner og sporveje samt trolleybusser, 34630000 Dele til lokomotiver, vogne eller andet rullende materiel til jernbaner eller sporveje; udstyr til jernbanetrafikregulering, 34631000 Dele til lokomotiver eller rullende materiel, 34632300 Elektriske installationer til jernbaner, 45000000 Bygge- og anlægsarbejder, 45213320 Bygge- og anlægsarbejde i forbindelse med bygninger i tilknytning til jernbanetransport, 45317200 Elinstallation til transformere, 51111300 Installation af transformere, 71320000 Ingeniørmæssig projektering
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse
Korruption: 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.
Svig: 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 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).
Hvidvaskning af penge eller finansiering af terrorisme: 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 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).
Deltagelse i en kriminel organisation: 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).
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: 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.
Børnearbejde og andre former for menneskehandel: 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 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).
Tilsidesættelse af forpligtelser på miljølovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field of environmental law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Tilsidesættelse af forpligtelser på det arbejdsretlige område: Has the economic operator, to its knowledge, breached its obligations in the field of labour law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Tilsidesættelse af forpligtelser på sociallovgivningsområdet: Has the economic operator, to its knowledge, breached its obligations in the field of social law? As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU.
Aftaler med andre økonomiske aktører med henblik på konkurrencefordrejning: Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents.
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: 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?
Interessekonflikt som følge af deltagelse i udbudsproceduren: 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?
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: 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?
Tilsidesættelse af forpligtelser i henhold til rent nationale udelukkelsesgrunde: The tenderer shall be excluded from participation pursuant to Section 134a of the Danish Public Procurement Act if the tenderer is established in a country that is listed on the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements obligating Denmark to open its public procurement market to tenderers established in such country. The tenderer shall also be excluded if the bidder is subject to the prohibition against the award of public contracts under EU Regulation 576/2022, which, among other things, applies to Russian nationals or natural or legal persons, entities, or bodies established in Russia, etc. Reference is made to EU Regulation 576/2022 for the full wording and scope of the provision.
Tilsidesættelse af forpligtelser vedrørende betaling af bidrag til sociale sikringsordninger: 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? Reference is made to Section 135(3) of the Danish Public Procurement Act, which provides: The contracting entity shall exclude an applicant or a tenderer who has unpaid overdue debt of DKK 100,000 or more to public authorities in respect of taxes, duties or contributions to social security schemes under Danish law or the law of the country in which the applicant or tenderer is established.
Tilsidesættelse af forpligtelser vedrørende betaling af skatter og afgifter: 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? Reference is made to Section 135(3) of the Danish Public Procurement Act, which provides: The contracting entity shall exclude an applicant or a tenderer who has unpaid overdue debt of DKK 100,000 or more to public authorities in respect of taxes, duties or contributions to social security schemes under Danish law or the law of the country in which the applicant or tenderer is established
Erhvervsvirksomheden er indstillet: 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.
Konkurs: 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.
Tvangsakkord uden for konkurs: 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.
Insolvens: 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.
Aktiver, der administreres af en kurator: 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.
En situation, der svarer til konkurs i henhold til national ret: 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.