Liste und kurze Beschreibung der Auswahlkriterien
1) Minimum Wage Act (mandatory criterion)
The bidder shall confirm that its company pays all of its employees according to the legal requirements (Minimum Wage Act). Corresponding attached document shall be signed.
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2) Credit report (mandatory criterion)
The bidder shall provide a credit report (e.g. from Creditreform, D&B) reflecting the current company financial position. In case of a negative credit rating, the tendering company may exclude the bidder from the tendering process. A negative credit rating exists, if in regard to the aggregate risk assessment of the company a high overall rating of the company and a high risk (highest risk level) at payment index is certified by a credit report.
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3) Employees number (informative criterion)
The bidder shall state the annual number of employees on the payroll for the
last three years (2019-2020-2021).
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4) Company ownership structure (informative criterion)
The bidder shall provide information about the company ownership structure and
the relation to the parent company, if applicable. Also, the year
of foundation of the company.
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5) Company commercial register (mandatory criterion)
The bidder shall provide the extract from the company's commercial register which is not older, than 3 years.
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6) Self-declarations (manadatory criterion)
The bidder shall confirm that with regard to the declarations and supporting
documents required of its company, no inaccurate declarations relating to
grounds for exclusion or selection criteria were made in the tendering
procedure, neither was information withheld and are aware that the
submission of such false declarations and supporting documentations can
lead to the exclusion from the tendering procedure/awarding of contract (cf.
Section 124 (1) No.8 GWB [Act against Restraints on Competition].
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7) Taxes (manadatory criterion)
The bidder shall confirm that its company meets its obligations to pay taxes,
charges and contributions to the social security system in accordance with
Section 123 (4) No. 1 GWB, and that there are no legally binding judicial or
administrative decisions in this regard, and that it has made payment or
pledged itself to the payment of taxes, charges and contributions to the
social security system including interest charges and financial penalties.
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8) General check of the company on offences (manadatory criterion)
The bidder shall confirm that within the last three years, no person at the
company belonging to the company's administrative, management or supervisory
boards or with powers of representation, decision-making or control, has
been found guilty of committing one of the following offences and that the
company itself has not been issued with a fine (in Germany §30 of the Act
on Regulatory Offences (OwiG)) because of these offences (corresponds in
Germany to the catalogue of offences in § 123 (1) of the Act against
Restraints on Competition (GWB)).
- Forming criminal or terrorist organizations domestically or abroad (in
Germany: § §129, §129a and §129b of the German Criminal Code.
- Financing terrorism or participation in such a crime (in Germany § 89c of
the German Criminal Code).
- The provision or collection of financial resources with the knowledge that
these financial resources will be used or are intended to be used, wholly or
in part, for the preparation of a serious violent offence endangering the state
(in Germany: a crime according to §89a (2) no.2 of the German Criminal
Code).
- Money laundering or the concealment of unlawfully obtained assets (in
Germany §261 of the German Criminal Code).
- Fraud against the budget of the European Union or against budgets
administrated by the European Union or on its behalf (in Germany §263 of
the German Criminal Code).
- Subsidiary fraud against the budget of the European Union or against
budgets administrated by the European Union or on its behalf (in Germany
§264 of the German Criminal Code).
- Taking and giving bribes in commercial practice (in Germany §299 of the
German Criminal Code).
- Bribing delegates (in Germany §108e of the German Criminal Code).
- Granting an undue advantage and bribery (in Germany §333 and 334 of
the German Criminal Code, in both cases also in connection with the bribery
of foreign and international officials §335a).
- Bribery of foreign public officials in international business transactions (in
Germany §2 of the German Act Against International Bribery).
- Human trafficking, forced prostitution, forced labor exploitation or labor
exploitation based on the threat of a deprivation of freedom (in Germany
§§232,232 a (1) to (5) and §232 b to 233 a of the German Criminal Code).
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9) Insolvency (manadatory criterion)
The bidder shall confirm that no application has been made or opened for an insolvency procedure or an equivalent procedure regarding the company, nor has the opening of such proceedings been declined due to insufficiency of assets, nor is the company in the process of liquidation, nor has it ceased its activities (Section 124 (1), No. 2 GWB).
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10) Self-declaration to the EU-Sanctions (manadatory criterion)
The bidder shall accept and sign the attached document "EU-Sanctions against Russia".
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11) Bidding consortium (facultative criterion)
If the tender application is provided as a bidding consortium, a declaration, which is signed by all members of the bidding consortium shall be submitted together with the application for the tender participation. This declaration shall include a jointly and several liability in case of an award, the names of all members of the bidding consortium, an authorized representative [and the intention to join the bidding consortium in case of the successful selection of applicants and to joint to a working group in case of an award.