Sources of grounds for exclusion
:
Notice
Corruption
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined 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 contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of the applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Fraud
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities. The contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Money laundering or terrorist financing
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined 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 L 309, 25.11.2005, p. 15). The contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of the applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Participation in a criminal organisation
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined 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 contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of the applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Terrorist offences or offences linked to terrorist activities
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined 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 contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of the applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Child labour and including other forms of trafficking in human beings
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer has been convicted by final judgement or who has been fined for breach of section 262a of the Danish Penal Code, or has been the subject of 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 contracting authorities shall also exclude an applicant or tenderer where a person who has been convicted by final judgement or who has been fined for the above-mentioned offences is a member of the board, management or supervisory committee of the applicant or tenderer. The contracting authorities shall likewise exclude an applicant or tenderer if the convicted person is authorised to represent, monitor or make decisions in the board, management or supervisory committee of the applicant or tenderer.
Breaching of obligations in the fields of environmental law
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that the applicant or tenderer has ignored obligations in force in the fields of environmental law under EU law, national law, collective agreements or the obligations under environmental 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 34 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.
Breaching of obligations in the fields of labour law
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that the applicant or tenderer has ignored obligations in force in the fields of labour law under EU law, national law, collective agreements or the obligations under 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 34 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.
Breaching of obligations in the fields of social law
:
The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that the applicant or tenderer has ignored obligations in force in the fields of social law under EU law, national law, collective agreements or the obligations under social 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 34 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.
Agreements with other economic operators aimed at distorting competition
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities 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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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that, in the exercise of its business, the applicant or tenderer has committed serious neglect which gives rise to doubt as to the integrity of the applicant or tenderer.
Misrepresentation, withheld information, unable to provide required documents and
obtained confidential information of this procedure
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that 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 6) the fixed minimum requirements for suitability stipulated in sections 140-144 or selection in section 145. The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that the applicant or tenderer has attempted to interfere with the decision-making process of the contracting authorities, where the applicant or tenderer has obtained confidential information which may have resulted in wrongful advantages in relation to the procurement procedure, or where the applicant 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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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that a conflict of interest, cf. section 24, no. 18 of the Danish Public Procurement Act, in relation to the procurement procedure referred to, which cannot be effectively removed by less radical means.
Direct or indirect involvement in the preparation of this procurement procedure
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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove a distortion of competition as discussed in section 39 of the Danish Public Procurement Act 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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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the contracting authorities can prove that 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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The contracting authorities shall exclude an applicant or tenderer from participation in a procurement procedure if the applicant or tenderer is established in a country that is listed on the EU list of non-cooperative tax jurisdictions and has not exceeded to the WTO Government Procurement Agreement or other trade agreements that oblige Denmark to open its public procurement market to tenderers established in that country.
Breaching obligation relating to payment of social security contributions
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The contracting authorities shall exclude an applicant or tenderer which has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to social security contributions under Danish law or under the law of the country in which the applicant or tenderer is established. An applicant or tenderer will be excluded from participation in a procurement procedure if the applicant or tenderer has unpaid overdue debt of less than DKK 100,000 to public authorities in relation to social security contributions under Danish law or under the law of the country in which the applicant or tenderer is established.
Breaching obligation relating to payment of taxes
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The contracting authorities shall exclude an applicant or tenderer which has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax and duties under Danish law or under the law of the country in which the applicant or tenderer is established. An applicant or tenderer will be excluded from participation in a procurement procedure if the applicant or tenderer has unpaid overdue debt of less than DKK 100,000 to public authorities in relation to tax and duties under Danish law or under the law of the country in which the applicant or tenderer is established.
Business activities are suspended
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An applicant or tenderer shall be excluded from participation in a procurement procedure where the commercial activities of the applicant or tenderer has been discontinued.
Bankruptcy
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An applicant or tenderer shall be excluded from participation in a procurement procedure if the applicant or tenderer has been declared bankrupt.
Arrangement with creditors
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An applicant or tenderer shall be excluded from participation in a procurement procedure if the applicant or tenderer has entered an arrangement with creditors.
Insolvency
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An applicant or tenderer shall be excluded from participation in a procurement procedure if the applicant or tenderer is undergoing insolvency or winding-up proceedings.
Assets being administered by liquidator
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An applicant or tenderer shall be excluded from participation in a procurement procedure where the assets of the applicant or tenderer is being administered by a receiver or by court.
Analogous situation like bankruptcy, insolvency or arrangement with creditors under
national law
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An applicant or tenderer shall be excluded from participation in a procurement procedure if the applicant or tenderer is in a similar situation (such as bankruptcy, insolvency or liquidation proceedings, assets being administered by a trustee or the court, arrangement with creditors, or where the commercial activities of the applicant or tenderer has been discontinued) under a similar procedure under national law in the jurisdiction in which the applicant or tenderer is registered.