Sources of grounds for exclusion
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Notice
Corruption
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for bribery 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 combating corruption in the private sector (OJ 2003, L 192, p. 54) and bribery as defined in the national law of the economic operator’s Member State or home country or the country in which the economic operator is established, cf. section 135(1)(2) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Fraud
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for fraud as referred to in Article 1 of the Convention on the protection of the European Communities' financial interests, cf. section 135(1)(3) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Money laundering or terrorist financing
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine 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 (OJ 2005, L 309, p. 15), cf. section 135(1)(5) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Participation in a criminal organisation
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for acts committed as part of a criminal organization as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 (OJ 2008, L 300, p. 42), cf. section 135(1)(1) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Terrorist offences or offences linked to terrorist activities
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for terrorist acts or offenses related to terrorist activities as defined in Articles 1, 3, and 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ 2002, L 164, p. 3) as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (OJ 2008, L 330, p. 21), cf. section 135(1)(4) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Child labour and including other forms of trafficking in human beings
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been convicted by a final judgment or has accepted a fine for violation of Section 262a of the Danish Penal Code or, with regard to a judgment 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 Council Framework Decision 2002/629/JHA (OJ 2011, L 101, p. 1), cf. section 135(1)(6) of the Danish Public Procurement Act. The contracting authority shall also exclude an economic operator when a person who has been convicted by a final judgment or has accepted a fine for such acts is a member of the economic operator’s board of directors, executive board, or supervisory board. The contracting authority shall also exclude an economic operator if the convicted person has the authority to represent, control, or make decisions in the economic operator’s board of directors, executive board, or supervisory board, cf. section 135(2) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority shall exclude an economic operator from participating in the procurement procedure for 5 years from the date of the final judgment or accepted fine, cf. section 138(6) of the Danish Public Procurement Act.
Grave professional misconduct
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The contracting authority shall exclude an economic operator from participation in the procurement procedure when the contracting authority can demonstrate that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable, cf. section 136(4) of the Danish Public Procurement Act. When the exclusion period is not determined by a final judgment, the contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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The contracting authority shall exclude an economic operator from participation in the procurement procedure when the contracting authority can demonstrate that the economic operator in the specific procurement has provided grossly misleading information, withheld information, or is unable to submit supplementary documents regarding the grounds for exclusion, cf. sections 135(1), 135(3) or 137(1)(2), the established minimum suitability requirements, cf. sections 140-144, or the selection, cf. section 145, cf. section 136(3) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act
Conflict of interest due to its participation in the procurement procedure
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The contracting authority shall exclude an economic operator from participation in the procurement procedure when the contracting authority can demonstrate that a conflict of interest in relation to the specific procurement cannot be effectively remedied by less intrusive measures, cf. section 136(1) of the Danish Public Procurement Act.
Direct or indirect involvement in the preparation of this procurement procedure
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The contracting authority shall exclude an economic operator from participation in the procurement procedure when the contracting authority can demonstrate that a distortion of competition, cf. section 39, due to the prior involvement of the economic operators in the preparation of the procurement procedure in relation to the specific procurement cannot be effectively remedied by less intrusive measures, cf. section 136(2) of the Danish Public Procurement Act.
Breaching obligation relating to payment of social security contributions
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has unpaid overdue debt of DKK 100,000 or more to public authorities concerning contributions to social security schemes under Danish law or the law of the country in which the economic operator is established, cf. section 135(3) of the Danish Public Procurement Act. Notwithstanding, the economic operator is not excluded when the economic operator has entered into an agreement with the collection authority on a repayment plan and this plan is being adhered to, cf. section 135(4) of the Danish Public Procurement Act, or the economic operator provides security for the payment of the part of the debt that is DKK 100,000 or more, cf. section 135(5)(2) of the Danish Public Procurement Act.
Breaching obligation relating to payment of taxes
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has unpaid overdue debt of DKK 100,000 or more to public authorities concerning taxes or duties under Danish law or the law of the country in which the economic operator is established, cf. section 135(3) of the Danish Public Procurement Act. Notwithstanding, the economic operator is not excluded when the economic operator has entered into an agreement with the collection authority on a repayment plan and this plan is being adhered to, cf. section 135(4) of the Danish Public Procurement Act, or the economic operator provides security for the payment of the part of the debt that is DKK 100,000 or more, cf. section 135(5)(2) of the Danish Public Procurement Act.
Business activities are suspended
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator’s business activities have been suspended, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
Bankruptcy
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been declared bankrupt, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
Arrangement with creditors
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator is in an arrangement with creditors, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
Insolvency
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator has been under insolvency proceedings, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act
Assets being administered by liquidator
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator’s assets are being administered by a liquidator or by the court, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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The contracting authority shall exclude an economic operator from participation in the procurement procedure if the economic operator is in a situation like bankruptcy under a corresponding procedure provided for in national law where the economic operator is established, cf. section 137(1)(2) of the Danish Public Procurement Act. The contracting authority will exclude an economic operator from participating in the procurement procedure for 3 years from the date of the relevant event or action, cf. section 138(7) of the Danish Public Procurement Act.