Sources of grounds for exclusion
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Notice
Corruption
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Pursuant to Section 135(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for corruption as defined in Article 3 of convention on combating of corruption involving officials of the European Union and of the EU member states and Article 2(1) of Council Framework Decision 2003 /568/JHA of 22 July 2003 on combating of corruption in the private sector (Official Journal of the European Union 2003, No. L 192, page 54) and corruption as defined by national law in the member state or home country of the applicant or tenderer or in the country in which the applicant or tenderer is established. The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Fraud
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Pursuant to Section 135(1)(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities. The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Money laundering or terrorist financing
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Pursuant to Section 135(1)(5) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for money laundering or financing of terrorism as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on prevention of the use of the financial system for the purpose of money laundering or financing of terrorism (Official Journal of the European Union 2005, No. L 309, page 15). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Participation in a criminal organisation
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Pursuant to Section 135(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for actions committed as part of a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 (Official Journal of the European Union 2008, No. L 300, page 42). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Terrorist offences or offences linked to terrorist activities
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Pursuant to Section 135(1)(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for acts of terror or criminal acts related to terrorist activities within the meaning of Article 1, 3 and 4, respectively, of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (Official Journal of the European Union 2002, No. L 164, page 3) and amending Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (Official Journal of the European Union 2008, No. L 330, page 21). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory committee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Child labour and including other forms of trafficking in human beings
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Pursuant to Section 135(1)(6) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been convicted or fined by final judgement for breach of section 262 a of the Danish Penal Code or as regards a judgement issued in another country concerning child labour or other types of human trafficking 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/HJA (Official Journal of the European Union 2011, No. L 101, page 1). The same applies where a person who has been convicted by final judgement or who has been fined for such an action is a member of the board, management or supervisory commit-tee of the applicant or tenderer. Further, the applicant or tenderer must be excluded if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer. Please refer to "Additional information" below for the required documentation.
Breaching of obligations in the fields of environmental law
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Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated 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 (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive. Please refer to "Additional information" below for the required documentation.
Breaching of obligations in the fields of labour law
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Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated 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 (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive. Please refer to "Additional information" below for the required documentation.
Breaching of obligations in the fields of social law
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Pursuant to Section 137(1)(1) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has ignored obligations in force in the fields of environmental, social or labour law under EU law, national law, collective agreements or the obligations under environmental, social or labour law deriving from the conventions stated 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 (the Official Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by the European Commission under Article 57(4), cf. Article 88, of the Directive. Please refer to "Additional information" below for the required documentation.
Agreements with other economic operators aimed at distorting competition
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Pursuant to Section 137(1)(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the contracting authority has sufficient plausible indications to conclude that the applicant or tenderer has concluded agreements with other economic operators for the purpose of distorting competition.
Grave professional misconduct
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Pursuant to Section 136(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has in the exercise of its business committed serious neglect which gives rise to doubt as to the integrity of the candidate or tenderer.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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Pursuant to Section 136(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer of the procurement procedure referred to has provided incorrect information, retained information or is unable to submit additional documents in relation to the grounds for exclusion stated in section 135(1 or 3), and, if relevant, in section 137(1)(2 or 7) the fixed minimum requirements for suitability stipulated in sections 140-144 or selection in section 145. In addition, pursuant to Section 137(1)(5), an applicant or tenderer will be excluded if the applicant or tenderer has attempted to interfere with the decision-making process of the contracting authority, where the candidate or tenderer has obtained confidential information which may have resulted in wrongful advantages in relation to the procurement procedure, or where the candidate or tenderer by gross negligence has provided misleading information which may have material influence on decisions on exclusion, assessment of the minimum requirements for suitability, selection or award of contract.
Conflict of interest due to its participation in the procurement procedure
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Pursuant to Section 136(1) of the Danish Public procurement Act, an applicant or tenderer will be excluded if the contracting authority can prove that in relation to the procurement procedure referred to, a conflict of interest, cf. Section 24(18), cannot be removed effectively by less radical means.
Direct or indirect involvement in the preparation of this procurement procedure
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Pursuant to Section 136(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the inclusion will entail a distortion of competition as discussed in section 39 as a result of the prior involvement of economic operators in the preparation of the procurement procedure in relation to the procurement procedure referred to which cannot be removed by less radical means.
Early termination, damages, or other comparable sanctions
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Pursuant to Section 137(1)(4) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has committed previous material breach of a public contract, a utility contract or a public works concession, and such breach has resulted in cancellation of the contract referred to or a similar sanction.
Breaching of obligations set under purely national exclusion grounds
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Pursuant to Section 134a of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant 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 that require Denmark to open the market for public contracts for bids.
Breaching obligation relating to payment of social security contributions
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Pursuant to Section 135(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if it has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax or duties under Danish law or under the law of the country in which the applicant or tenderer is established, unless the exceptions in Sections 135(4) and (5) apply. Please refer to "Additional information" below for the required documentation.
Breaching obligation relating to payment of taxes
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Pursuant to Section 135(3) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if it has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax or duties under Danish law or under the law of the country in which the applicant or tenderer is established, unless the exceptions in Sections 135(4) and (5) apply. Please refer to "Additional information" below for the required documentation.
Business activities are suspended
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.
Bankruptcy
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.
Arrangement with creditors
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.
Insolvency
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.
Assets being administered by liquidator
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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Pursuant to Section 137(1)(2) of the Danish Public Procurement Act, an applicant or tenderer will be excluded if the applicant or tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings, where the assets of the applicant or tenderer is being administered by a receiver or by court if the applicant or tenderer has entered an arrangement with creditors, where the commercial activities of the candidate or tenderer has been discontinued, or where the applicant or tenderer is in a similar situation under a similar procedure under national law in the jurisdiction in which the candidate or tenderer is registered. Please refer to "Additional information" below for the required documentation.