Liste und kurze Beschreibung der Bedingungen
Bidders confirm that:
1) No person whose conduct is imputable to the undertaking has been convicted by final judgement for a criminal offence named in § 123 Abs. 1 GWB and that no final administrative fine has been issued against the undertaking under § 30 of the German Administrative Offences act (Gesetz über Ordnungswidrigkeiten (OWiG));
2) No facultative grounds for exclusion according to § 124 GWB;
The following facultative ground for exclusion according to § 124 GWB is applicable to our undertaking.
In annex ____ we explain, why our undertaking should still not be excluded from participation in the procurement procedure.
3) (please cross if applicable).
We fulfilled our obligations relating to the payment of taxes, charges or social security contributions;
We did not fulfil our obligations in the first place but we fulfilled them later by paying, committing to pay the taxes, charges or social security contributions including interest, fines for late payment and penalties later,
3) No final administrative fine of at least 2 500 EUR has been issued against our undertaking for the last 3 years because of:
— violation of § 23 of the Posted Workers Act (Arbeitnehmerentsendegesetz), or
— violation of § 21 of the Minimum Wage Act (Mindestlohngesetz), or
— violation of § 98 c of the Residence Act (Aufenthaltsgesetz), or
Have we been sentenced to imprisonment of more than 3-month or to pay a fine of more than 90 daily rates or at least of 2 500 EUR because of:
— violation of § 21 of the Control of Unreported Employment Act (Schwarzarbeitsbekämpfungsgesetz).
We confirm that we also have not committed serious misconduct during this time concerning § 23 Posted Workers Act, § 21 Minimum Wage Act, § 98 c Residence Act or § 21 Control of Unreported Employment Act.
4) For our undertaking:
— there are compulsory grounds for exclusion due to § 123 GWB,
— there are facultative grounds for exclusion due to § 124 Abs. 1 GWB,
The conviction by final judgement (§ 123 GWB) or the serious misconduct (§ 124 GWB) took place on. In annex ___ we add declarations and proofs of our self-cleansing (§ 125 GWB).
Notice:
On request of the Contracting Authority certificates and other forms of documentary evidence of self-declaration (clearance certificates of the tax office and the social security Institutions) are to be provided. The contracting authority is entitled to request an extract from the Gewerbezentralregister.