2.1.1.
Formål
Kontraktens hovedformål: Bygge- og anlægsarbejder
Primær klassifikation (cpv): 45241000 Arbejder i forbindelse med anlæg af havn
Supplerende klassifikation (cpv): 45112000 Udgravning og fjernelse af jord, 45112300 Opfyldning og landindvindingsarbejder, 45113000 Byggepladsarbejder, 45244000 Arbejder til havs, 45262210 Funderingsarbejder, 45262300 Betonarbejder
2.1.4.
Generelle oplysninger
Yderligere oplysninger: SELECTION: Selection will be based on the three (3) applicants who have demonstrated the most comparable references in relation to the Project. In this assessment, particular emphasis will be placed on: • Whether the scope and nature of the works are comparable. In this context, it will be considered a positive factor if the reference projects; o concern the construction of stone beds, o have been carried out in very hard deposits, o have been performed at water depths comparable to those of the Project. • Whether the works were performed in comparable surroundings in an operational harbour area. In this context, positive weight will be given if the reference project has been carried out in an area with other operational activities, in particular within an active port. The Contracting Authority will pre‑qualify three (3) applicants. The selection will be based on the information provided by the applicant in the ESPD and/or in the submitted reference appendices. The Contracting Authority nevertheless reserves the right, at any time, to require applicants to submit all or part of the documentation referred to in Section 7.1, if the Contracting Authority considers such documentation necessary to ensure the proper conduct of the procurement procedure. GROUNDS FOR EXCLUSION A tender who at any time during the procurement procedure is or becomes subject to one of the grounds for exclusion in sections 135-136 and 137(1)(1-6) of the Public Procurement Act, will be excluded from the procurement procedure unless, within a reasonable time limit set by the Contracting Authority the tenderes submits documentation showing the reliability of the tenderer, cf. section 138 of the Public Procurement Act. The Contracting Authority will also exclude a tender or applicants established in a jurisdiction listed on the EU list of non-cooperative tax jurisdictions which has not acceded to the WTO Government Procurement Agreement or other trade agreements obliging Denmark to open its public procurement market to tendere or applicants established in that jurisdiction (corresponding to the current Section 134a in The Public Procurement Act). Before the Contracting Authority can make an award decision, the Contracting Authority must obtain final documentation of the correctness of the successful tenderer's information in the ESPD. Where the tenderer is a consortium, each member of the consortium shall submit documentation in accordance with the below. Where the tenderer relies on the resources of other economic operators in relation to suitability, each such supporting economic operator shall submit documentation in accordance with the below where the tenderer relies on the economic and financial capacity of the supporting entity. PRELIMINARY DOCUMENTATION As preliminary documentation that the tenderer is not excluded under Sections 134a-136 and section 137(1)(1,2,6) of the Public Procurement Act, and to demonstrate that the tenderer meets the minimum suitability requirements set out in the contract notice and above, the tenderer should submit a correctly completed ESPD with the tender. FINAL DOCUMENTATION For Danish tenderers, this documentation will consist of a Service Certificate (issued no earlier than 6 months before the tender deadline) and the three most recent annual accounts. For foreign tenderers, similar documentation will be provided by; an extract from a relevant register or an equivalent document issued by a competent authority, demonstrating that the tenderer is not subject to the grounds for exclusion set out in section 135(1) of the Danish Public Procurement Act; and a certificate issued by a competent authority demonstrating that the tenderer is not subject to the grounds for exclusion set out in section 135(3) and section 137(1), nos. 2 and 6 of the Danish Public Procurement Act. Where the relevant country does not issue the above mentioned documents or certificates, or where such documents do not cover all the required grounds for exclusion, they may be replaced by a sworn statement. Where sworn statements are not used in the relevant country, a solemn declaration may be submitted, made before a competent judicial or administrative authority, a notary public, or a competent professional body in the country in which the applicant or tenderer is established. DOCUMENTATION OF ECONOMIC AND FINANCIAL CAPACITY Upon request by the Contracting Authority, tenderers shall document compliance with the stipulated minimum requirements for economic and financial capacity by submitting the following documentation: • The tenderer’s three (3) most recent annual accounts; or • a statement of key financial ratios for the three (3) most recent financial years issued by the tenderer’s management and confirmed by the tenderer’s auditor, where the tenderer is subject to statutory audit requirements. Where, for reasons not attributable to the tenderer, the tenderer is unable to submit the required documentation, the tenderer may document its economic and financial capacity by any other means deemed appropriate by the Contracting Authority. DOCUMENTATION PURSUANT TO REGULATION (EU) 2025/395 By this regulation (amending Regulation (EU) 833/2014), the EU published the 16th sanctions package against Russia on 24 February 2025. The new sanctions are set out in Article 5k of the Regulation, prohibiting EU contracting entities from awarding contracts to economic operators in or linked to Russia. Pursuant this Article 5k of the Regulation, the tenderer shall, upon request by the Contracting Authority, submita signed declaration (Appendix 3 to the Tender Conditions (UD‑03).
Retsgrundlag:
Direktiv 2014/24/EU
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.
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, andd) 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?
Ophævelse eller en lignende sanktion: Has the economic operator experienced that a prior public contract, a prior contract with a contracting entity or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract?
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?
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.
