Consultancy framework agreement for formulation, appraisal and review of Danish development cooperation programmes and projects

The framework agreement will require the provision of the following services pertaining to the design and implementation phases of bilateral development cooperation programmes, namely: Formulation of bilateral programmes and projects. This may include preparatory work in the formulation process if and as needed. Appraisal of the design of bilateral programmes and projects as a quality assurance milestone prior to approval. This includes external appraisals led by the consultant and early appraisals of larger or high-risk programmes/projects led by LÆRING. Review of bilateral programmes and projects under implementation. This can span inception, midterm and technical reviews covering the full implementation period of the programme/project as part of the MFA unit’s monitoring and reporting cycle. Reviews do not have the same scope of work, methodology and methods as an evaluation. The MFA’s definition of appraisal, review and evaluation services is aligned with the definitions provided by OECD/DAC (https://one.oecd.org/document/DCD/DAC/EV(2022)2/en/pdf). The content of the services will vary and be defined by the MFA in the specific Terms of Reference for each individual assignment. Under Lot 1, the consultant must provide specialists that can perform the formulation, appraisal and review of bilateral programmes and projects concerning climate change, environment, private sector development and financing, including the following thematic sub-areas: (1) Climate mitigation, renewable energy and energy efficiency. (2) Climate adaptation and resilience. (3) Climate finance mechanisms. (4) Agriculture and food security, including working within the humanitarian development nexus. (5) Sustainable management and use of natural resources, including water, forestry and land, nature-based solutions, biodiversity, and localisation. (6) Private sector development and access to finance (e.g., micro, small and medium enterprises, MSMEs). (7) Financing, including blended finance models and leveraging multilateral development banks, guarantee schemes, impact funds and public infrastructure finance, developing new and innovative instruments to accelerate impact investments. (8) Business development and enabling environment, public-private partnerships and dialogue, economic diplomacy, employment generation, insurance instruments, trade, agriculture, and value-chain development, and market access. (9) Vocational training, including through links with the private sector. Within the defined themes of the Lots, the delivery of the services may include one or more of the following sub-services/outputs spanning: Stakeholder analyses. Political economy analyses. Scoping, analyses and mapping studies. Budget and financial management assessments, including risk assessment, anti-corruption etc. Partner assessments including financial management capacity assessment as and if needed. Institutional and organisational assessments including financial monitoring visits. Assessment of different modalities for the implementation of the programme or project, including considerations regarding bilateral, multilateral, multi-bi, trust funds, third party implementers, EU development policy and instruments, including the Global Gateway / Team Europe initiative. Preparation of documentation required during programme and project formulation for upcoming Calls for Proposal and/or tender preparation, drafted in line with the required formats. The Danida – Aid Management Guidelines (AMG) (https://amg.um.dk/) contain the policies, guidelines, and tools for the MFA’s development cooperation assistance. They cover different forms of Danish development cooperation modalities. The AMG’s Bilateral Guidelines (https://amg.um.dk/bilateral-cooperation/guidelines-for-programmes-projects-country-strategic-frameworks-and-hard-earmarked-multilat-support) and Financial Management Guidelines (https://amg.um.dk/bilateral-cooperation/financial-management) constitute the basic set of procedures for all Danish bilateral development cooperation. The guidelines outline the processes and requirements for the preparation, formulation, quality assurance, approval, implementation, completion and closure of Danish bilateral programmes and projects.

CPV-Code

75211200

Geschätzter Wert

92.500.000 DKK

The framework agreement will require the provision of the following services pertaining to the design and implementation phases of bilateral development cooperation programmes, namely: Formulation of bilateral programmes and projects. This may include preparatory work in the formulation process if and as needed. Appraisal of the design of bilateral programmes and projects as a quality assurance milestone prior to approval. This includes external appraisals led by the consultant and early appraisals of larger or high-risk programmes/projects led by LÆRING. Review of bilateral programmes and projects under implementation. This can span inception, midterm and technical reviews covering the full implementation period of the programme/project as part of the MFA unit’s monitoring and reporting cycle. Reviews do not have the same scope of work, methodology and methods as an evaluation. The MFA’s definition of appraisal, review and evaluation services is aligned with the definitions provided by OECD/DAC (https://one.oecd.org/document/DCD/DAC/EV(2022)2/en/pdf). The content of the services will vary and be defined by the MFA in the specific Terms of Reference for each individual assignment. Under Lot 2, the consultant must provide specialists that can perform the formulation, appraisal and review of bilateral programmes and projects concerning governance, fragility, and migration, including the following thematic sub-areas: (1) Stabilisation, conflict prevention and peacebuilding in conflict affected and fragile settings including institution building, countering/preventing violent extremism, security sector reform, maritime security, Women, Peace and Security, Climate, Peace and Security. (2) Migration management including protection of migrants, countering trafficking of human beings, assisted voluntary return and re-integration. (3) Democratic governance including institutional reform and development (e.g., rule of law, public financial management), decentralisation, inclusive political processes, and accountability (e.g., anti-corruption, media and information). (4) Human rights and civil society development including civil society grant mechanisms, capacity development of civil society and human rights organisations, safeguard and promotion of the civic space. (5) Gender equality and inclusion, including the rights of persons in marginalised, excluded or vulnerable situations (e.g., Indigenous Peoples, religious minorities, LGBT+ persons, people with disabilities, youth). (6) Relief, resilience and recovery in fragile, conflict and displacement situations, including protection, improved access to services, livelihoods and social safety nets. Within the defined themes of the Lots, the delivery of the services may include one or more of the following sub-services/outputs spanning: Stakeholder analyses. Political economy analyses. Scoping, analyses and mapping studies. Budget and financial management assessments, including risk assessment, anti-corruption etc. Partner assessments including financial management capacity assessment as and if needed. Institutional and organisational assessments including financial monitoring visits. Assessment of different modalities for the implementation of the programme or project, including considerations regarding bilateral, multilateral, multi-bi, trust funds, third party implementers, EU development policy and instruments, including the Global Gateway / Team Europe initiative. Preparation of documentation required during programme and project formulation for upcoming Calls for Proposal and/or tender preparation, drafted in line with the required formats. The Danida – Aid Management Guidelines (AMG) (https://amg.um.dk/) contain the policies, guidelines, and tools for the MFA’s development cooperation assistance. They cover different forms of Danish development cooperation modalities. The AMG’s Bilateral Guidelines (https://amg.um.dk/bilateral-cooperation/guidelines-for-programmes-projects-country-strategic-frameworks-and-hard-earmarked-multilat-support) and Financial Management Guidelines (https://amg.um.dk/bilateral-cooperation/financial-management) constitute the basic set of procedures for all Danish bilateral development cooperation. The guidelines outline the processes and requirements for the preparation, formulation, quality assurance, approval, implementation, completion and closure of Danish bilateral programmes and projects.

CPV-Code

75211200

Geschätzter Wert

92.500.000 DKK

In Part IV.B of the ESPD, the economic operator must fill in its specific yearly turnover from assignments related to official development assistance programmes or projects in the three most recent financial years for which annual accounts are available. The economic operator is required to meet the following requirement: Total specific turnover of at least DKK 25,000,000 from assignments related to official development assistance programmes or projects in the three most recent financial years for which annual accounts are available (i.e., the total specific turnover in the three most recent financial years, and not the specific yearly turnover). An economic operator requesting to participate in both lots is required to meet the requirement only once.

Losbezug: LOT-0001

In Part IV.C of the ESPD, the economic operator must fill in a list of no more than 10 references for each lot. The references must concern consultancy services actually performed within the five most recent years preceding the time limit for receipt of requests to participate. Where a reference concerns a contract or framework agreement that commenced before that period, only the consultancy services actually performed within the five most recent years preceding the time limit for receipt of requests to participate may be included. Where a reference concerns a contract or framework agreement that is ongoing, only the consultancy services actually performed at the time limit for receipt of requests to participate may be included. The maximum number of references applies separately for each lot. For each lot, the number of references will be determined across all ESPDs submitted with the request to participate (i.e., from all involved economic operators in a group of economic operators and/or other supporting entities). If more than 10 references are submitted for a lot, the contracting authority will read and assess only the 10 most recent references, determined first by the end date and then by the start date. Each reference should include the following information: Description: A concise and precise description of the consultancy services actually performed by the economic operator which should be described under the following headings: (1) Role of the economic operator, (2) Type of consultancy services and the main deliverables, (3) Percentage of the consultancy services performed by subcontractors, (4) Forms of bilateral development cooperation modalities covered, (5) Geographic coverage, and (6) Area(s) of expertise. The description should not exceed 2,000 characters, including spaces, and should avoid unnecessary information that is not relevant to the assessment. Amount: The total contract value received by the economic operator for the consultancy services covered by the reference, net of value-added tax (VAT). Start date: The date when the consultancy services covered by the reference began. End date: For completed consultancy services, the date when the consultancy services covered by the reference were completed. For ongoing consultancy services, the time limit for receipt of requests to participate. Recipient: The name and contact information of the client or donor financing the consultancy services. Where the economic operator has been a subcontractor and only performed parts of the consultancy services, only the subcontracted consultancy services actually performed by the economic operator may be included in the reference. Where a reference concerns a framework agreement, the description and amount may summarise the contracts for consultancy services performed under that framework agreement within the five most recent years preceding the time limit for receipt of requests to participate. The contracting authority encourages economic operators to also meet the criteria for choosing the selected candidates to the greatest extent possible. A reference may be relied upon for more than one type of consultancy services and/or area of expertise where the description of the consultancy services actually performed demonstrates performance in each area for which the reference is relied upon. If a reference is not relevant to the required services (e.g., the reference is an evaluation), it may be relied upon to demonstrate performance in other areas (e.g., an area of expertise, or related to the criteria for choosing the selected candidates). A reference may also be relied upon for both lots where the description of the consultancy services actually performed demonstrates relevant performance for each lot. Economic operators are encouraged to provide information in Part IV.C of the ESPD as shown in the Instructions to Tenderers.

Losbezug: LOT-0001

The economic operator must demonstrate that, within the five most recent years preceding the time limit for receipt of requests to participate, it has: (1) Acted as the lead contractor (i.e., the contractor identified as the lead party under the framework agreement and responsible for coordinating the performance of the consultancy services delivered under it) or framework manager (i.e., the contractor responsible for the overall administration and coordination of the framework agreement, including the coordination of assignments awarded under it) under at least one framework agreement for consultancy services related to official development assistance (ODA) under the applicable OECD DAC rules. (2) Performed the following consultancy services relating to development cooperation programmes or projects (where the definition of an appraisal and a review is aligned with the definitions provided by OECD/DAC: https://one.oecd.org/document/DCD/DAC/EV(2022)2/en/pdf): Formulation (i.e., preparation of the project or programme documentation that serves as the basis for approval and subsequent implementation), Appraisal (i.e., impartial assessment of a project or programme prior to final approval), and Review (i.e., quality assurance assessment of the progress, implementation, performance, results, risks or continuing relevance of a project or programme during its implementation). (3) Performed consultancy services in each of the following areas of expertise: (a) Climate change (e.g., consultancy services concerning climate change mitigation, climate change adaptation, or development assistance with climate change as a principal or significant objective, consistent with the OECD DAC Rio-marker terminology, including locally-led adaption, renewable-energy, energy efficiency, climate finance, and climate-investment), (b) Environment and/or sustainable natural-resource management (e.g., consultancy services concerning environmentally sustainable development conservation or restoration, or the sustainable management and use of natural resources, including biodiversity, protection, sustainable forest or land management, integrated water-resources management, sustainable agriculture and food systems, fisheries or aquaculture, and food security), (c) Private sector development (e.g., consultancy services concerning the role of enterprises, entrepreneurs, or markets in inclusive and sustainable development, including private-sector development, the development of micro, small and medium-sized enterprises (MSMEs), access to finance for MSMEs, inclusive business models, value-chain development, market access, trade facilitation, employment generation, vocational education and training, public-private partnerships, economic diplomacy, and the development of insurance markets), and (d) Financing and/or mobilisation of finance for sustainable development (e.g., consultancy services concerning development finance, financial instruments, financial-sector development or the mobilisation of additional finance for sustainable development, including blended finance, the strategic use of development finance to mobilise additional finance for sustainable development, financing structures combining development finance with commercial finance, the mobilisation of private finance, guarantee schemes, engagement with multilateral development banks (MDBs), development finance institutions (DFIs) or development-finance facilities, and financing instruments intended to accelerate impact investment). The economic operator must demonstrate performance of consultancy services in each area of expertise specified, but the economic operator is not required to demonstrate performance of consultancy services concerning every example listed under an area of expertise.

Losbezug: LOT-0001

Candidates will be selected on the basis of the references concerning the performance of consultancy services within the five most recent years preceding the time limit for receipt of requests to participate (provided in Part IV.C of the ESPD). The selection will not be based on a renewed assessment of whether the requirements are met, but on an assessment of the relevance of the submitted references for the lot in question. The assessment of relevance will prioritise the following considerations: (1) Experience with framework agreement management for development cooperation services. (2) Experience with the services required, namely the formulation, appraisal and review of development cooperation programmes and projects. The required services that will be prioritised do not include studies, evaluations and services linked to implementation such as monitoring, evaluation, learning and accountability (MEAL) assignments. (3) Performance of consultancy services related to different forms of bilateral development cooperation modalities (e.g., thematic, global, regional, and country programmes and projects), and contributions to multilateral organisations (multi-bi) and non-governmental organisations (NGO) at global, regional or country level. (4) Performance of consultancy services related to development cooperation for clients comparable to the Ministry of Foreign Affairs of Denmark (e.g., a ministry or any other national or federal authority, or a national or federal agency/office, working with development cooperation). (5) Geographic experience from Africa, Middle East and North Africa (MENA), Asia, and/or EU’s Eastern neighbourhood, including conflict affected and/or fragile contexts. (6) Broad and deep thematic expertise in the areas specified for the relevant lot, covering as many of the examples listed under the areas of expertise as possible. The assessment will also emphasise that the submitted references collectively demonstrate relevant experience across as many types of consultancy services, bilateral development cooperation modalities, comparable clients working with development cooperation, countries/regions and contexts, and areas of expertise as possible.

Losbezug: LOT-0001

In Part IV.B of the ESPD, the economic operator must fill in its specific yearly turnover from assignments related to official development assistance programmes or projects in the three most recent financial years for which annual accounts are available. The economic operator is required to meet the following requirement: Total specific turnover of at least DKK 25,000,000 from assignments related to official development assistance programmes or projects in the three most recent financial years for which annual accounts are available (i.e., the total specific turnover in the three most recent financial years, and not the specific yearly turnover). An economic operator requesting to participate in both lots is required to meet the requirement only once.

Losbezug: LOT-0002

In Part IV.C of the ESPD, the economic operator must fill in a list of no more than 10 references for each lot. The references must concern consultancy services actually performed within the five most recent years preceding the time limit for receipt of requests to participate. Where a reference concerns a contract or framework agreement that commenced before that period, only the consultancy services actually performed within the five most recent years preceding the time limit for receipt of requests to participate may be included. Where a reference concerns a contract or framework agreement that is ongoing, only the consultancy services actually performed at the time limit for receipt of requests to participate may be included. The maximum number of references applies separately for each lot. For each lot, the number of references will be determined across all ESPDs submitted with the request to participate (i.e., from all involved economic operators in a group of economic operators and/or other supporting entities). If more than 10 references are submitted for a lot, the contracting authority will read and assess only the 10 most recent references, determined first by the end date and then by the start date. Each reference should include the following information: Description: A concise and precise description of the consultancy services actually performed by the economic operator which should be described under the following headings: (1) Role of the economic operator, (2) Type of consultancy services and the main deliverables, (3) Percentage of the consultancy services performed by subcontractors, (4) Forms of bilateral development cooperation modalities covered, (5) Geographic coverage, and (6) Area(s) of expertise. The description should not exceed 2,000 characters, including spaces, and should avoid unnecessary information that is not relevant to the assessment. Amount: The total contract value received by the economic operator for the consultancy services covered by the reference, net of value-added tax (VAT). Start date: The date when the consultancy services covered by the reference began. End date: For completed consultancy services, the date when the consultancy services covered by the reference were completed. For ongoing consultancy services, the time limit for receipt of requests to participate. Recipient: The name and contact information of the client or donor financing the consultancy services. Where the economic operator has been a subcontractor and only performed parts of the consultancy services, only the subcontracted consultancy services actually performed by the economic operator may be included in the reference. Where a reference concerns a framework agreement, the description and amount may summarise the contracts for consultancy services performed under that framework agreement within the five most recent years preceding the time limit for receipt of requests to participate. The contracting authority encourages economic operators to also meet the criteria for choosing the selected candidates to the greatest extent possible. A reference may be relied upon for more than one type of consultancy services and/or area of expertise where the description of the consultancy services actually performed demonstrates performance in each area for which the reference is relied upon. If a reference is not relevant to the required services (e.g., the reference is an evaluation), it may be relied upon to demonstrate performance in other areas (e.g., an area of expertise, or related to the criteria for choosing the selected candidates). A reference may also be relied upon for both lots where the description of the consultancy services actually performed demonstrates relevant performance for each lot. Economic operators are encouraged to provide information in Part IV.C of the ESPD as shown in the Instructions to Tenderers.

Losbezug: LOT-0002

The economic operator must demonstrate that, within the five most recent years preceding the time limit for receipt of requests to participate, it has: (1) Acted as the lead contractor (i.e., the contractor identified as the lead party under the framework agreement and responsible for coordinating the performance of the consultancy services delivered under it) or framework manager (i.e., the contractor responsible for the overall administration and coordination of the framework agreement, including the coordination of assignments awarded under it) under at least one framework agreement for consultancy services related to official development assistance (ODA) under the applicable OECD DAC rules. (2) Performed the following consultancy services relating to development cooperation programmes or projects (where the definition of an appraisal and a review is aligned with the definitions provided by OECD/DAC: https://one.oecd.org/document/DCD/DAC/EV(2022)2/en/pdf): Formulation (i.e., preparation of the project or programme documentation that serves as the basis for approval and subsequent implementation), Appraisal (i.e., impartial assessment of a project or programme prior to final approval), and Review (i.e., quality assurance assessment of the progress, implementation, performance, results, risks or continuing relevance of a project or programme during its implementation). (3) Performed consultancy services in each of the following areas of expertise: (a) Stabilisation, conflict prevention and peacebuilding (e.g., consultancy services concerning conflict prevention, dialogue and reconciliation, institution-building, Women, Peace and Security, Climate, Peace and Security, security sector reform, countering/preventing violent extremism, and maritime security), (b) Migration management (e.g., consultancy services concerning migration governance or management, the protection of migrants, refugees, asylum seekers, or internally displaced persons, assisted voluntary return and sustainable reintegration), (c) Democratic governance (e.g., consultancy services concerning public sector reform and development, decentralisation, inclusive political processes and accountability), (d) Human rights and civil society (e.g., consultancy services concerning the capacity development of civil society and human rights organisations, civic space, and grant mechanisms for civil-society organisations), (e) Gender equality and inclusion (e.g., consultancy services concerning women’s empowerment, sexual and reproductive health and rights, the prevention of and response to gender-based violence, or the rights, protection, meaningful participation and inclusion of persons in marginalised and vulnerable situations, such as Indigenous Peoples, religious minorities, LGBT+ persons, and persons with disabilities), (f) Resilience and recovery (e.g., consultancy services concerning resilience, early recovery in crisis-affected and/or displacement-affected settings including livelihoods, employment or local economic recovery, protection and access to services). The economic operator must demonstrate performance of consultancy services in each area of expertise specified, but the economic operator is not required to demonstrate performance of consultancy services concerning every example listed under an area of expertise.

Losbezug: LOT-0002

Candidates will be selected on the basis of the references concerning the performance of consultancy services within the five most recent years preceding the time limit for receipt of requests to participate (provided in Part IV.C of the ESPD). The selection will not be based on a renewed assessment of whether the requirements are met, but on an assessment of the relevance of the submitted references for the lot in question. The assessment of relevance will prioritise the following considerations: (1) Experience with framework agreement management for development cooperation services. (2) Experience with the services required, namely the formulation, appraisal and review of development cooperation programmes and projects. The required services that will be prioritised do not include studies, evaluations and services linked to implementation such as monitoring, evaluation, learning and accountability (MEAL) assignments. (3) Performance of consultancy services related to different forms of bilateral development cooperation modalities (e.g., thematic, global, regional, and country programmes and projects), and contributions to multilateral organisations (multi-bi) and non-governmental organisations (NGO) at global, regional or country level. (4) Performance of consultancy services related to development cooperation for clients comparable to the Ministry of Foreign Affairs of Denmark (e.g., a ministry or any other national or federal authority, or a national or federal agency/office, working with development cooperation). (5) Geographic experience from Africa, Middle East and North Africa (MENA), Asia, and/or EU’s Eastern neighbourhood, including conflict affected and/or fragile contexts. (6) Broad and deep thematic expertise in the areas specified for the relevant lot, covering as many of the examples listed under the areas of expertise as possible. The assessment will also emphasise that the submitted references collectively demonstrate relevant experience across as many types of consultancy services, bilateral development cooperation modalities, comparable clients working with development cooperation, countries/regions and contexts, and areas of expertise as possible.

Losbezug: LOT-0002

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0001

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0001

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0001

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0001

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0001

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0002

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0002

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0002

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0002

Please refer to the Criteria and Method of Evaluation and Appendix 1 Scope of Services for a more detailed description of the award criterion.

Losbezug: LOT-0002

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.