Sources of grounds for exclusion
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Notice
Participation in a criminal organisation
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The ground for exclusion covers 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. As proof that the applicant or certain persons associated with the applicant, cf. the Public Procurement Act Section 135(2) is not covered by the above-mentioned ground for exclusion, the applicant must produce an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant is not covered by the above-mentioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration under oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Corruption
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The ground for exclusion includes 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 Council Framework Decision 2003/568/JHA of 22 July 2003 on fighting 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 applicant or tenderer or of the country where the applicant or tenderer is established. As proof that the applicant or certain persons associated with the applicant, cf. section 135(2) is not covered by the ground for exclusion referred to above, the applicant shall provide an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant does not fall within the scope of the abovementioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Fraud
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The ground for exclusion covers fraud within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests. As evidence that the applicant or certain persons associated with the applicant, cf. section 135(2) of the Danish Public Procurement Act, is not covered by the above-mentioned ground for exclusion, the applicant must provide an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant is not covered by the above-mentioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. Does the country in question not issue the above-mentioned certificate, or does not cover this ground of exclusion, may be replaced by a declaration under oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Terrorist offences or offences linked to terrorist activities
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The ground for exclusion includes terrorist offences or offences related to terrorist activity 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). As proof that the applicant or certain persons associated with the applicant, cf. section 135(2) of the Danish Public Procurement Act, are not covered by the above-mentioned ground for exclusion, the applicant must provide an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant is not covered by the above ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Money laundering or terrorist financing
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The ground for exclusion includes 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). As proof that the applicant or certain persons associated with the applicant, cf. section 135(2) of the Danish Public Procurement Act, are not covered by the above-mentioned ground for exclusion, the applicant must provide an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant does not fall within the above-mentioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Child labour and other forms of trafficking in human beings
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The ground for exclusion includes a violation 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 its victims, and replacing the Council Framework Decision 2002/629/JHA (Official Journal 2011, No L 101, page 1). As proof that the applicant or certain persons associated with the applicant, cf. section 135(2) of the Danish Public Procurement Act, are not covered by the above-mentioned ground for exclusion the applicant shall provide an extract from the relevant register or equivalent document issued by a competent judicial or administrative authority showing that the applicant does not fall within the scope of the abovementioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Breaching obligation relating to payment of taxes
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The ground for exclusion covers cases where the applicant has unpaid debts due to public authorities in respect of taxes, duties or social security contributions under Danish law or the law of the country in which the applicant is established. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of a service certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Conflict of interest due to its participation in the procurement procedure
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The ground for exclusion includes cases where a conflict of interest has arisen, cf. section 24(18) of the Danish Public Procurement Act, in relation to the tender in question, which cannot be effectively remedied by less intrusive measures.
Agreements with other economic operators aimed at distorting competition
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The ground for exclusion covers cases where a distortion of competition within the meaning of Section 39 of the Public Procurement Act has occurred as a result of 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.
Guilty of misrepresentation, withheld information, unable to provide required documents
and obtained confidential information of this procedure
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The grounds for exclusion include cases where the applicant in the tender in question has provided grossly incorrect information, has withheld information or is unable to submit supplementary documents concerning the grounds for exclusion in section 135(1) or (3) of the Danish Public Procurement Act and, if applicable, in section 137(1), no. 2 or 6 of the Public Procurement Act, the minimum requirements for suitability laid down in section 140144 of the Public Procurement Act or the selection in section 145 of the Public Procurement Act.
Bankruptcy
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The ground for exclusion includes cases where the applicant has been declared bankrupt. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the above ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Insolvency
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The ground for exclusion covers cases where the applicant is in insolvency or winding-up proceedings. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Arrangement with creditors
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The ground for exclusion covers cases where the applicant is in composition. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Business activities are suspended
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The grounds for exclusion cover cases where the applicant's professional activity has been suspended. As proof that the applicant does not benefit from the above ground for exclusion, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant is not covered by the abovementioned ground for exclusion. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Analogous situation like bankruptcy under national law
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The ground for exclusion covers cases where the applicant is in a similar situation under a similar procedure provided for by national law where the candidate or tenderer is resident. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Breaching obligation relating to payment of social security contributions
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The ground for exclusion covers cases where the applicant has unpaid debts due to public authorities in respect of taxes, duties or social security contributions under Danish law or the law of the country in which the applicant is established. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Assets being administered by liquidator
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The ground for exclusion includes cases where the applicant's assets are managed by a trustee or by the court. As proof that the applicant does not benefit from the grounds for exclusion referred to above, the applicant shall provide a certificate issued by the competent authority of the country concerned as proof that the applicant does not benefit from the ground for exclusion mentioned above. In the case of Danish applicants, the certificate may consist of an official certificate issued by the Danish Business Authority. If the country concerned does not issue the abovementioned certificate, or does not cover this ground for exclusion, it may be replaced by a declaration on oath. If oath taking is not used in the country in question, a declaration of honour may instead be used in accordance with section 153(2) of the Public Procurement Act. The documentation must be a maximum of six months old from the tender deadline.
Grave professional misconduct
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The ground for exclusion covers cases where the applicant has committed serious professional misconduct which casts doubt on the applicant's integrity.