Sources of grounds for exclusion
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Notice
Breaching of obligations in the fields of environmental law
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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.
Breaching of obligations in the fields of social law
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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.
Breaching of obligations in the fields of labour law
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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.
Bankruptcy
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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.
Insolvency
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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.
Arrangement with creditors
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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.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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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.
Assets being administered by liquidator
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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.
Business activities are suspended
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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.
Grave professional misconduct
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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.
Conflict of interest due to its participation in the procurement procedure
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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.
Direct or indirect involvement in the preparation of this procurement procedure
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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.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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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.
Purely national exclusion grounds
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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.
Terrorist offences or offences linked to terrorist activities
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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
Breaching obligation relating to payment of social security contributions
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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.
Breaching obligation relating to payment of taxes
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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.
Participation in a criminal organisation
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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.
Money laundering or terrorist financing
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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.
Fraud
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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.
Child labour and including other forms of trafficking in human beings
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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.
Corruption
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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.