2.1.1.
Purpose
Main nature of the contract
:
Services
Main classification
(
cpv
):
72250000
System and support services
Additional classification
(
cpv
):
72000000
IT services: consulting, software development, Internet and support,
72224100
System implementation planning services,
72263000
Software implementation services
2.1.2.
Place of performance
Country subdivision (NUTS)
:
Østsjælland
(
DK021
)
Country
:
Denmark
2.1.3.
Value
Estimated value excluding VAT
:
30 000 000,00
DKK
2.1.4.
General information
Additional information
:
The applicant will be excluded from participation in the tendering procedure, if the Applicant is covered by the provisions in §§ 135 and 136 (1-3) of the Public Procurement Act which mentions mandatory reasons for exclusion, as well as the reasons for exclusion stated in § 137(1), no. 2 of the Public Procurement Act, cf. § 11 (1), no. 1 of the Implementing Order, unless the Applicant has submitted sufficient documentation regarding its reliability in accordance with § 138 of the Public Procurement Act, cf. Implementation Order § 11 (1), no. 2. The use of the voluntary grounds for exclusion is in compliance with the principle of proportionality. Trivial conditions cannot thus lead to exclusion of the Applicant. Several cases of conditions that are individually minor serious may however give rise to excluding the Applicant. Before the awarding decision the Applicant that the Ordering Party intends to award the contract to, must provide documentation for the information submitted in the ESPD according to §§ 150-155 of the Public Procurement Act, cf. Section 12 of the Implementing Order. Pursuant to § 152 (4) of the Public Procurement Act, cf. § 12 of the Implementing Order an Applicant who is included on an official list of approved financial actors, cf. § 156 of the Public Procurement Act, can submit a certificate of acceptance to the Contracting Entity issued by the competent authority. This certificate replaces the documentation mentioned in §§ 153-155, 157 and 158. 1st and 2nd point. The Contracting Entity can only accept certificate of inclusion on an official list from applicants and Applicants established in the country that maintains the official list.
Legal basis
:
Directive 2014/25/EU
Directive 2014/25/EU (the Utilities Directive)
-
The Utilities Directive (Directive 2014/25/EU) has been implemented in Danish law by an executive order on the procedures for entering into contracts within water and energy supply, transport and postal services (Executive Order No. 1078 of 29 June 2022), which also contains supplementary provisions.
2.1.6.
Grounds for exclusion
Analogous situation like bankruptcy under national law
:
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.
Bankruptcy
:
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.
Corruption
:
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
Arrangement with creditors
:
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.
Participation in a criminal 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).
Agreements with other economic operators aimed at distorting competition
:
Has the economic operator entered into agreements with other economic operators aimed at distorting competition?
Money laundering or terrorist financing
:
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).
Fraud
:
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).
Child labour and other forms of trafficking in human beings
:
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).
Insolvency
:
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.
Assets being administered by liquidator
:
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.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this 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?
Conflict of interest due to its participation in the procurement procedure
:
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?
Payment of social security contributions
:
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?
Business activities are suspended
:
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.
Payment of taxes
:
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?
Terrorist offences or offences linked to terrorist activities
:
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.
BREAKING