Liste und kurze Beschreibung der Bedingungen
1) Self-declaration (pursuant to Section 123 (1) to (3) GWB) that no person whose conduct is attributable to the tenderer or a member of the group of economic operators has been convicted, or a fine has been legally established against the economic operator, pursuant to Section 30 OWiG, for an offense against:
- Section 129 of the Criminal Code (Formation of Criminal Associations), Section 129a of the Criminal Code (Formation of Terrorist Associations) or Section 129b of the Criminal Code (Criminals and Terrorist Associations Abroad),
- Section 89c of the Criminal Code (Terrorist Financing) or the participation in such an act or the provision or collection of financial resources, having regard to the fact that these funds are used or intended to be used in whole or in part to commit an offense against Article 89a (2) (2) of the Criminal Code,
- Section 261 of the Criminal Code (money laundering, concealment of unlawfully acquired assets),
- Section 263 of the Criminal Code (Fraud), in so far as the offense is directed against the budget of the European Union or against households managed by or on behalf of the European Union,
- Article 264 of the Criminal Code (subsidy fraud), in so far as the offense is directed against the budget of the European Union or against households managed by or on behalf of the European Union,
- Section 299 of the Criminal Code (corruption and bribery in business dealings),
- Section 108e of the Criminal Code (corruption and bribery of mandate holders),
- Sections 333 and 334 of the Criminal Code (Granting Benefit and bribery) also in connection with § 335a of the Criminal Code (Foreign and International Staff),
- Article 2 (2) of the Law on Combating International Bribery (Bribery of Foreign Members in International Business Transactions) or
- Sections 232, 232a paragraphs 1 to 5, Sections 232b to 233a of the Criminal Code (trafficking in human beings, forced prostitution, forced labor, exploitation of labor, exploitation using a deprivation of liberty).
Or the respective Codes of the country of incorporation of the tenderer or the members of the group of economic operators.
2) Self-declaration that the tenderer has fulfilled its obligation to pay taxes, duties and social security contributions (§ 123 (4) GWB).
3) Self-declaration (on facultative exclusion grounds pursuant to § 124 GWB) that:
- neither the tenderer's company nor any person whose conduct is attributable to the tenderer has failed to fulfill its obligations under environmental, social or labor law when executing public contracts,
- the tenderer's company is not insolvent, insolvency proceedings or similar proceedings have not been instituted or opened for the assets of the tenderer's company, the opening of such proceedings has not been refused for lack of assets, and the company is not in liquidation or has ceased its activity,
- neither the tenderer's company nor any person whose conduct is attributable to the company has been guilty of grave professional misconduct that calls into question the integrity of the company,
- neither the company nor any person whose conduct is attributable to the company has entered into agreements with other undertakings which have the effect of preventing, restricting or distorting competition,
- the entity has not materially or consistently fulfilled a material breach in the execution of a previous public procurement or procurement contract, resulting in termination, damages or similar legal consequences.
4) Self-declaration regarding the enrolment/registration number of the economic operator"s undertaking in professional or trade registers (if applicable).
5) Self-declaration on Art. 5k (1) of Regulation (EU) No. 833/2014 as amended by Art. 1 No. 23 of Council Regulation (EU) 2022/576 of 8 April 2022 concerning restrictive measures in view of Russia"s actions destabilising the situation in Ukraine.