2.1.4.
Generelle oplysninger
Yderligere oplysninger: Tenders must cover the entire works tendered and specified in the tender material. Thus, it is not possible to submit tenders for only parts of the works. LIQUIDATED DAMAGES Liquidated damages applies in case of delays, reasons related to social clauses and reasons related to occupational health and safety clauses, cf. clause 28 of the draft contract to which reference is made. SELECTION AMONG SUITABLE APPLICANTS (SELECTION CRITERION): The following describes the selection criterion and is divided into three headings (1-3), with headings highlighted in capitals. 1. SELECTION OF THREE TO FOUR (3-4) APPLICANTS: Among the applicants who (i) are not subject to any of the grounds for exclusion set out in section 2.1.6 below and (ii) satisfy the minimum requirements for economic and financial capacity and technical and professional capacity set out in this notice ("suitable applicants”), Metroselskabet will select not fewer than three (3) and not more than four (4) suitable applicants to be invited to participate in the dialogue phase and the tender phase ("selected applicants"). The selection shall be carried out on the basis of the selection criterion set out below in section “2. SELECTION CRITERION – ASSESSMENT OF THE MOST COMPETITIVE FIELD OF TENDERERS” and in accordance with the procedure set out in section “3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS”. For the avoidance of doubt, the specified range of three to four (3-4) applicants entails that Metroselskabet is obliged to select a minimum of three (3) (provided three (3) suitable applicants can be identified) and is entitled to select a maximum of four (4) suitable applicants. The determination of the precise number of applicants to be selected within this range shall be made in accordance with the procedure set out below. 2. SELECTION CRITERION – ASSESSMENT OF THE MOST COMPETITIVE FIELD OF TENDERERS: The selection will be made on the basis of an assessment of which three (3) or four (4) suitable applicants provide the most competitive field of tenderers, taking into account the applicants' experience within the two categories (Category 1 and Category 2) set out below. In defining the two categories and in selecting applicants within those categories, Metroselskabet has aimed to ensure the greatest possible competition for the contract by selecting both (i) applicants with experience from projects that, assessed across the greatest number of parameters, are as comparable as possible to the tendered contract, and (ii) applicants whose experience, while less broadly comparable, demonstrates a high degree of comparability in respect of certain defined parameters considered indicative of the tendered contract being of particular interest to those applicants by virtue of their experience within these specific areas. Metroselskabet considers that this approach ensures the selection of a group of applicants which, taken together, provides the highest possible level of competition for the contract, thereby ensuring the most competitive field of tenderers. Section “2.1. CATEGORY 1” and section “2.2. CATEGORY 2” in this notice set out the two categories (Category 1 and Category 2) and describe the parameters to which Metroselskabet will attach importance when assessing the applicants’ experience within each category. Section “3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS” below sets out the procedure for determining whether three (3) or four (4) suitable applicants shall be selected in order to ensure the most competitive field of tenderers. 2.1. CATEGORY 1: In Category 1, emphasis will be placed on selecting applicants who, through their references, demonstrate the highest level of experience with the following types of projects, referred to as Category 1a and Category 1b. Category (1a): Integrated delivery of metro signaling system and rolling stock in a single contract. Category 1a comprises projects involving design, installation, commissioning, testing and handover of a metro signaling system, including sub-systems, and rolling stock, delivered within a single contract. Projects involving "GoA4 CBTC signaling systems" will be considered particularly relevant in the assessment of the applicant’s experience with Category 1a projects. By “rolling stock” is meant passenger vehicles for metros, as defined below regarding the minimum requirement for technical and professional capacity. By “GoA4 CBTC signaling systems” is meant communications-based train control. Category (1b): Design and construction of a Control and Maintenance Centre or a comparable building. Category 1b comprises projects involving design and construction of a Control and Maintenance Centre or a comparable industrial or operational building characterised by critical operational functions, heavy technical infrastructure (such as redundant power supply, cooling systems, and advanced control and monitoring systems), and heightened requirements for security. Projects involving the design and construction of such a building, carried out according to Danish Building Regulations (BR18, Executive Order No. 1615 of 13 Dec. 2017) or similar, will be considered particularly relevant in the assessment of the applicant's experience with Category 1b projects. In the selection of applicants under Category 1, sub-criteria 1a and 1b will be accorded equal weight. 2.2. CATEGORY 2: In Category 2, emphasis will be placed on selecting applicants who, through their references, demonstrate the highest level of experience with the following types of projects, referred to as Category 2a and Category 2b. Category (2a): Planning, design, production, commissioning, testing and handover of uniquely designed passenger vehicles for metro systems in small batches. Category 2a comprises projects involving planning, design, production, commissioning, testing and handover of uniquely designed passenger vehicles for metro systems, delivered in small batches. “Passenger vehicles” corresponds to the definition of “rolling stock” as set out below regarding the minimum requirement for technical and professional capacity. By "uniquely designed" is meant passenger vehicles specifically designed for a particular project and client, as opposed to standard off-the-shelf vehicles. By "small batches" is meant a first delivery of a limited number of vehicles, in the range of ten (10) to thirty (30) vehicles, under a single contract, without any guarantee of further orders. Category (2b): Integration of transportation systems for metro systems, including rolling stock. Category 2b comprises projects involving the integration of transportation systems for metro systems, including rolling stock. Projects involving (i) design and construction of a Control and Maintenance Centre or a comparable industrial or operational building characterised by critical operational functions, heavy technical infrastructure (such as redundant power supply, cooling systems, and advanced control and monitoring systems), and heightened requirements for security, and (ii) the design and construction of such a building, carried out according to Danish Building Regulations (BR18, Executive Order No. 1615 of 13 Dec. 2017) or similar will be considered particularly relevant in the assessment of the applicant's experience with Category 2b projects. By “integration of transportation systems” is meant the coordination and interfacing of multiple subsystems, including rolling stock, infrastructure, signaling and control systems, to ensure their functional and operational compatibility as a unified system. By “rolling stock” is meant passenger vehicles for metros, as defined below regarding the minimum requirement for technical and professional capacity. In the selection of applicants under Category 2, sub-criteria 2a and 2b will be accorded equal weight. 3. SELECTION OF THREE OR FOUR (3 OR 4) APPLICANTS: The determination of the most competitive field of tenderers, including whether three (3) or four (4) suitable applicants shall be invited to participate in the dialogue phase and the tender phase, shall be made in accordance with the following procedure. Two (2) applicants shall be selected within each of Category 1 and Category 2, provided that at least two (2) suitable applicants can be identified in each category. For the avoidance of doubt, no overall ranking of applicants shall be made across Category 1 and Category 2. The assessment of applicants within each category shall be carried out independently of the assessment within the other category. Where more than two (2) suitable applicants within a category have submitted references for projects falling within that category, Metroselskabet shall select the two (2) applicants demonstrating the most relevant experience within the category concerned. Where at least two (2) suitable applicants can be identified in Category 1 but only one (1) in Category 2, or vice versa, Metroselskabet shall select three (3) applicants in total, comprising two (2) from the category in which at least two (2) suitable applicants have been identified and one (1) from the other category. A selection of three (3) applicants distributed in this manner is considered to ensure a more competitive field of tenderers than a selection of four (4) applicants comprising three (3) from one category and one (1) from the other, having regard to the differences in the applicants’ experience profiles and corresponding competencies. Where only three (3) suitable applicants are identified in total, and all such applicants have submitted references exclusively within one category, all three (3) applicants shall be selected. Where fewer than three (3) suitable applicants are identified in total, all suitable applicants shall be selected. For details on PRELIMINARY AND FINAL DOCUMENTATION OF FULFILMENT OF THE SELECTION CRITERION, please refer to section 5.1.6 of this notice.
Retsgrundlag:
Direktiv 2014/25/EU
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse
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). The information provided in Part III of the ESPD constitutes preliminary documentation that the applicant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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). The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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). The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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). The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Is the economic operator guilty of grave professional misconduct? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
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. The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
Aftaler med andre økonomiske aktører med henblik på konkurrencefordrejning: Has the economic operator entered into agreements with other economic operators aimed at distorting competition? The information provided in Part III of the ESPD constitutes preliminary documentation that the appli-cant is not subject to any of the grounds for exclusion, cf. section 1.6 above. The applicant must, upon request by Metroselskabet, provide final documentation in the form of: (i) for applicants established in Denmark, a certificate (serviceattest) issued by the Danish Business Authority; (ii) for applicants established in another EU/EEA member state, corresponding documentation as indicated in eCertis; and (iii) for applicants established outside the EU/EEA, comparable documentation, in each case in accordance with section 153 and section 152, subs. 3 of the Danish Public Procurement Act (Act No. 1564 of 15 December 2015 with subsequent amendments), cf. section 12 of Executive Order No. 1078 of 29 June 2022.
