2.1.1.
Purpose
Main nature of the contract
:
Supplies
Main classification
(
cpv
):
38970000
Research, testing and scientific technical simulator
Additional classification
(
cpv
):
42000000
Industrial machinery
2.1.2.
Place of performance
Postal address
:
Anker Engelunds Vej 1
Town
:
Kgs. Lyngby
Postcode
:
2800
Country subdivision (NUTS)
:
Nordsjælland
(
DK013
)
Country
:
Denmark
2.1.3.
Value
Estimated value excluding VAT
:
2 000 000,00
DKK
2.1.4.
General information
Additional information
:
The Tenderer can only participate in the tender, if the Tenderer is not encompassed by the compulsory grounds for exclusion, cf. section 135-136 in the Danish Public Procurement Act and the voluntary grounds for exclusion in section 137(1)(1 and 2). Pursuant to section 134a in the Danish Public Procurement Act, DTU must exclude a Tenderer from participation in the procurement procedure if the Tenderer is established in a country that is included in the EU list of non-cooperative tax jurisdictions and has not acceded to the WTO Government Procurement Agreement or other trade agreements that oblige Denmark to open the market for public contracts to tenderers established in the country in question. Throughout the term of the Agreement, the Supplier must not be covered by the description in 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 (‘Regulation 2022/576’). Upon DTU’s request the Tenderers must document that they are not encompassed by any of the grounds for exclusion stated in the ESPD. If the Tenderer is a consortium, all legal participants in the consortium must document that the consortium is not encompassed by any of the grounds for exclusion. If the Tenderer represents a consortium with several legally authorised persons, the Tenderer must complete and submit Appendix A – Consortium Declaration. If the Tender rely on the capacities of other entities, each supportive enterprise must document that they are not encompassed by any of the grounds for exclusion. If the Tenderer relies on the capacities of other entities, each entity must complete and submit Appendix B – Letter of Support. For Danish Tenderers the documentation requirement can be fulfilled by presenting an Official Certificate (Serviceattest) from the Danish Business Authority (Erhvervsstyrelsen), which must be issued no later than 12 months prior to the date where it is presented to DTU. Non-Danish Tenderers must provide: - An extract from a relevant register or a similar document issued by a competent authority, showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudsloven § 135, sub-section1 (participation in a criminal organization, corruption, bribery, fraud, terrorist or criminal offences linked to terrorist activities, money laundering or terrorist financing and child labour and other forms of human trafficking) and, - A certificate issued by a competent authority showing that the Tenderer is not encompassed by any of the grounds for exclusion, cf. (the Public Procurement Act) Udbudslovens § 135, subsection 3 (payment of taxes and payment of social security) and § 137, sub-section 1, no. 2 (bankruptcy, insolvency, voluntary arrangement with creditors, analogous situation like bankruptcy under national law, assets being administered by liquidator and business activities are suspended). If requested by DTU, the Tenderers must document – as stated in the ESPD - that they fulfil minimum levels for suitability. As documentation for the winning tenderer's documentation for fulfilling minimum requirement for Technical and Professional Ability DTU reserves the right to contact the reference(s) stated in the ESPD.
Legal basis
:
Directive 2014/24/EU
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion
:
Notice
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
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).
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).
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).
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.
Child labour and including 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).
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?
Breaching obligation relating to 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?
Breaching obligation relating to 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?
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.
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.
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.
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.
Analogous situation like bankruptcy, insolvency or arrangement with creditors 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.