2.1.1.
Formål
Kontraktens hovedformål: Bygge- og anlægsarbejder
Primær klassifikation (cpv): 45243200 Anlægsarbejde: bølgebrydere
Supplerende klassifikation (cpv): 45112600 Udgravning og opfyldning, 45241000 Arbejder i forbindelse med anlæg af havn
2.1.2.
Udførelsessted
By: Hirtshals
Postnummer: 9850
Landsdel (NUTS): Nordjylland (DK050)
Land: Danmark
Yderligere oplysninger: The work must be carried out at the Port of Hirtshals.
2.1.4.
Generelle oplysninger
Yderligere oplysninger: Applicants must declare that they do not find themselves subject to any of the below mentioned grounds for exclusion. Such declaration is made by completing part III, Clauses A, B and C, of the ESPD. Applicants who are in a mandatory ground for exclusion, cf. sections 135-136 of the Danish Public Procurement Act, cf. section 11(1)(1)of the Implementation Order, will be excluded from participation and will not be considered for the main contract unless the applicant presents documentation to be reliable, cf. section 138 of the Danish Public Procurement Act, cf. section 11(1)(2) of the Implementation Order. Port of Hirtshals will verify the absence of the grounds for exclusion prior to the award decision. Similarly, applicants who are in one of the voluntary grounds for exclusion mentioned in section 137(1)(2) and (3) and (5) of the Danish Public Procurement Act, cf. section 11(1)(1) of the Implementation Order, will be excluded from participation and will not be considered for the main contract unless the applicant presents documentation of reliability, cf. section 138 of the Danish Public Procurement Act, cf. section 11(1)(2) of the Implementation Order. Documentation: Upon request, i.e. not as part of the application, applicants must submit a service certificate (Danish companies) or equivalent documentation (foreign companies (eCertis (europa.eu))) as proof that the applicant is not in one of the above-mentioned grounds for exclusion. Port of Hirtshals will accept service certificates issued after 1 April 2026. The service certificate will be required of the companies that are prequalified, cf. section 151(2) of the Danish Public Procurement Act, cf. section 11 of the Implementation Order. The documentation must not be sub-mitted with the prequalification application but must be part of the tenderers initial tender offers, cf. section 151(2) of the Danish Public Procurement Act, cf. section 12 of the Implementation Order. If the applicant is a consortium/similar association or relies on the economic or financial capacity or technical capacity of other entities (e.g. support services) to fulfil the minimum requirements, a separate ESPD must be submitted for each participant in the consortium/association. In addition, for applicants relying on the capacity of other entities for the fulfilment of the minimum requirements, the applicant must submit, as part of the documentation, a statement of support or equivalent documentation proving that the entity in question is legally committed to the applicant. If an applicant relies on the economic and financial capacity of other entities, this entity must assume joint and several liability for the applicant's obligations under the main contract. Port of Hirtshals must draw attention to the fact that pursuant to Article 5k of 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 (hereinafter "the Regulation"), there is a prohibition on awarding contracts to Russian companies and Russian-controlled companies, etc. The prohibition also includes awarding to tenderers using supporting entities or subcontractors covered by Article 5k of the Regulation, if the value of the supplies of such supporting entity/subcontractor amounts to more than 10 % of the contract value. Port of Hirtshals may therefore at any time during the tender process require applicants and tenderers to document that they are not in circumstances covered by Article 5k of the Regulation. Port of Hirtshals requires for the applicants and tenderers to sign the solemn declaration (Doc. no. 9) enclosed with the tender documents on this matter. In this connection, Port of Hirtshals is of the opinion that the applicant/tenderer is best placed to know its own ownership structure and its own business partners and is therefore also best placed to document the absence of the circumstances covered by Article 5k of the Regulation. Port of Hirtshals reserves the right to reject tenderers who do not sign the attached solemn declaration.
Retsgrundlag:
Direktiv 2014/25/EU
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse, Fælles europæisk udbudsdokument (ESPD), Udbudsdokument
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).
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.
Afgivelse af urigtige oplysninger, tilbageholdelse af oplysninger, ude af stand til at fremlægge de dokumenter, der anmodes om, eller indhentede 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 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?
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?
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.
