2.1.1.
Formål
Kontraktens hovedformål: Tjenesteydelser
Primær klassifikation (cpv): 71000000 Arkitekt-, konstruktions-, ingeniør- og inspektionsvirksomhed
Supplerende klassifikation (cpv): 71240000 Arkitekt-, ingeniør- og planlægningsvirksomhed, 71354100 Digital kortlægning, 71355100 Fotogrammetritjenester, 71222100 Kortlægning af byområder, 71222200 Kortlægning af landområder, 71354200 Kortlægning fra luften, 79961200 Luftfotografering
2.1.4.
Generelle oplysninger
Yderligere oplysninger: The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act. Prior to the decision on award of the framework agreement, documentation of the information provided in the ESPD must be submitted, see sections 151 and 152 of the Danish Public Procurement Act. By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii) and (vi), the following must be provided in accordance with section 153 of the Danish Public Procurement Act: - an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii) and (vi); - where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii) and (vi), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc. For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis. The contracting authority can however request a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure. The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer. A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability. The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability, or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act. The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.
Retsgrundlag:
Direktiv 2014/24/EU
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse
Tilsidesættelse af forpligtelser på miljølovgivningsområdet: A candidate or tenderer will be excluded from participation in the procurement procedure if the contracting entity can demonstrate that the candidate or tenderer has failed to fulfil applicable environmental, social or labour law obligations under Union law, national law, collective agreements or environmental, social or labour law obligations derived from the conventions listed in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Official Journal 2014, No L 94, page 65) or are the subject of acts adopted by the European Commission pursuant to Article 57(4) of the Directive in accordance with Article 88. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Tilsidesættelse af forpligtelser på sociallovgivningsområdet: A candidate or tenderer will be excluded from participation in the procurement procedure if the contracting entity can demonstrate that the candidate or tenderer has failed to fulfil applicable environmental, social or labour law obligations under Union law, national law, collective agreements or environmental, social or labour law obligations derived from the conventions listed in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Official Journal 2014, No L 94, page 65) or are the subject of acts adopted by the European Commission pursuant to Article 57(4) of the Directive in accordance with Article 88. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Tilsidesættelse af forpligtelser på det arbejdsretlige område: A candidate or tenderer will be excluded from participation in the procurement procedure if the contracting entity can demonstrate that the candidate or tenderer has failed to fulfil applicable environmental, social or labour law obligations under Union law, national law, collective agreements or environmental, social or labour law obligations derived from the conventions listed in Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Official Journal 2014, No L 94, page 65) or are the subject of acts adopted by the European Commission pursuant to Article 57(4) of the Directive in accordance with Article 88. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Konkurs: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Insolvens: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Tvangsakkord uden for konkurs: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
En situation, der svarer til konkurs i henhold til national ret: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Aktiver, der administreres af en kurator: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Erhvervsvirksomheden er indstillet: A candidate or tenderer will be excluded from participation in the tendering procedure if the candidate or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, if its assets are managed by a liquidator or by the court if the latter is in composition, if his business activities have been suspended or if he is in a similar situation under a similar procedure; provided for in national law where the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the contracting entity can demonstrate that the candidate or tenderer has been guilty of grave professional misconduct casting doubt on the integrity of the candidate or tenderer. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Aftaler med andre økonomiske aktører med henblik på konkurrencefordrejning: A candidate or tenderer will be excluded from participation in the procurement procedure if the contracting entity has sufficient plausible indications to conclude that the candidate or tenderer has concluded an agreement with other economic operators with a view to distorting competition. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Interessekonflikt som følge af deltagelse i udbudsproceduren: A contracting entity must exclude a candidate or a tenderer from participation in a procurement procedure when the contracting entity can demonstrate that a conflict of interest, cf. section 24(18) of the Danish Public Procurement Act, cannot be effectively remedied by less restrictive measures in relation to the procurement procedure in question. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: A contracting entity must exclude a candidate or tenderer from participation in a procurement procedure where the contracting entity can demonstrate that a distortion of competition within the meaning of Section 39 of the Public Procurement Act resulting from the prior involvement of economic operators in the preparation of the procurement procedure in relation to the procurement procedure in question cannot be remedied by less restrictive measures. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Ophævelse eller en lignende sanktion: A candidate or tenderer will be excluded from participation in the procurement procedure if the contracting entity can demonstrate that the candidate or tenderer has materially breached a previous public contract, contract with a utility or concession contract and the breach has resulted in the termination of that contract or a similar sanction. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
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: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the contracting entity can demonstrate that the candidate or tenderer has supplied grossly incorrect information, has withheld information or is unable to submit additional documents concerning the grounds for exclusion referred to in Section 135(1) or (3) of the Public Procurement Act and, where applicable, In section 137(1), no. 2 or 6 of the Public Procurement Act, the minimum requirements for suitability laid down in sections 140-144 of the Public Procurement Act or the selection in section 145. Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Rent nationale udelukkelsesgrunde: Section 134a of the Danish Public Procurement Act applies, which is why a contracting entity must exclude a candidate or tenderer from participation in a procurement procedure if the candidate or tenderer is established in a country that is included on the EU list of non-cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obliging Denmark to open the market for public contracts to tenderers established in that country. Section 134a (2) of the Public Procurement Act: Section 135(6) applies mutatis mutandis to situations covered by subsection (1). Documentation: The contracting entity shall be entitled to obtain appropriate evidence as to whether the candidate or tenderer is in a situation which may give rise to exclusion pursuant to this ground for exclusion.
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer has been convicted or has adopted a fine by final judgment for terrorist offences or offences related to terrorist activities as defined respectively in Articles 1, 3 and 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (Official Journal 2002, No L 164, page 3) as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (Official Journal 2008, No L 330, page 21). Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act
Tilsidesættelse af forpligtelser vedrørende betaling af bidrag til sociale sikringsordninger: The contracting entity shall exclude a candidate or tenderer who has unpaid overdue debts of DKK 100,000 or more to public authorities relating to taxes, duties or social security contributions under Danish law or the law of the country in which the applicant or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Tilsidesættelse af forpligtelser vedrørende betaling af skatter og afgifter: The contracting entity shall exclude a candidate or tenderer who has unpaid overdue debts of DKK 100,000 or more to public authorities relating to taxes, duties or social security contributions under Danish law or the law of the country in which the applicant or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Deltagelse i en kriminel organisation: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer has been convicted or has adopted a fine by final judgment for acts committed within the framework of a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 (Official Journal 2008, No L 300, page 42). Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Hvidvaskning af penge eller finansiering af terrorisme: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer has been convicted or fined by final judgment for money laundering or terrorist financing 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 (Official Journal 2005, No L 309, page 15). Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Svig: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer has been convicted or has adopted a fine for fraud within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests by final judgment. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Børnearbejde og andre former for menneskehandel: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure if the candidate or tenderer has been convicted or has adopted a fine by final judgment for an infringement of Section 262a of the Criminal Code or, in the case of a conviction from another country concerning child labour and other forms of trafficking in human beings 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 victims thereof, and replacing Council Framework Decision 2002/629/JHA (Official Journal 2011, No L 101, page 1). Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
Korruption: A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer has been convicted or has adopted a fine for corruption 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 and Article 2(1) of the European Union Council Framework Decision 2003/568/JHA of 22 July 2003 on the fight against corruption in the private sector (Official Journal 2003, No L 192, page 54) and corruption as defined by the national law of the Member State or home Member State of the candidate or tenderer or of the country in which the candidate or tenderer is established. Documentation: in accordance with sections 152-153 of the Danish Public Procurement Act.
