Liste und kurze Beschreibung der Bedingungen
1. General Company Information
The tenderer shall state the EnBW-Supplier number, if available
The tenderer shall state a contact person
The tenderer shall state a company full address:
The tenderer shall state a company legal form
The tenderer shall state a year of company foundation
The tenderer shall state the names the Management board of the company
The tenderer shall provide an extract from the commercial register with the registration number (e.g. business / commercial register) (mandatory criteria)
The tenderer shall confirm that its company complies with the legal requirements and has the necessary entries in the official directories/registers. In Germany e.g., entries in the trade register, commercial register, chamber of architects and engineers, bar association, membership of the IHK, professional register, etc...)
The tenderer shall provide a V.A.T. number of its company
The tenderer shall state a subscribed capital in Euro
The tenderer shall state Group affiliation, if available
The tenderer shall state the number of employees in FTE (full time employment) for the past three complete years
The tenderer shall provide the company financial status by attaching annual financial reports for the past three years (mandatory criteria)
2. Supplier-Self-Declaration
Data protection according to German Federal Data Protection Act (BDSG) and DSGVO & Acting in accordance with the General Data Protection Regulation (GDPR) (mandatory criteria)
The tenderer shall state if the Federal Data Protection Act (BDSG) in combination with the General Data Protection Regulation (DSGVO; GDPR) in its most recent version is applicable for its company’s products and services.
In addition the tenderer shall confirm that its company acts according to the valid Federal Data Protection Act in the event of an order.
3. Company Shareholder of a Utility
The tenderer shall state if its company is shareholder of a utility.
If yes, the tenderer shall enter the name of the utility.
4. Environmental Management
Environmental protection policies
The tenderer shall state if its company has environmental protection policies (e.g. code of behaviour, company guidelines, regulations etc.)
If the answered question is ""yes"", the tenderer shall provide further information on the type of existing directives:
- Code of behaviour
- Company guideline
- Other regulations
Environmental management system standards
The tenderer shall state if an environmental management system is in place in its company.
If yes, the tenderer shall state the name of it (e.g., ISO 14001, EMAS...)
Certification of environmental management
The tenderer shall state if its company’s environmental management system is certified.
If yes, the tenderer shall attach certificate and name the attachment(s).
Environmental management officer
The tenderer shall state if there is an environmental management officer in its company.
If yes, the tenderer shall state the name and contact details of the officer.
Document environmental protection measures and results
The tenderer shall state if its company has document environmental protection measures and results
If yes, the tenderer shall explain this briefly here.
Pending proceedings for environmental violations
The tenderer shall state if there are pending proceedings against its company for environmental violations.
If yes, the tenderer shall explain this briefly here.
Measures for climate protection and environmental sustainability
The tenderer shall confirm that measures for climate protection and environmental sustainability are specified or described by the tenderer himself as well as by the reference.
The tenderer shall provide supporting documents and name the uploaded documents."
5. Compliance
Organisational and procedural measures
The tenderer shall state if its organisation has organisational and procedural measures in place to prevent breaches of anti-corruption and anti-competition laws and regulations.
If yes, the tenderer shall provide further information on the type of existing measures (multiple selection possible):
- Code of behaviour
- Training sessions
- Regulations for dealing with gifts and benefits to business partners
- Other
6. Sustainability / Corporate Social Responsibility
Principles of sustainable corporate governance
The tenderer shall state if its company is committed to the principles of sustainable corporate governance having regard to accepted humanitarian, social, ethical and environmental standards (e.g., German Sustainability Code (DNK), UN Global Compact, ISO 26000)
If yes, the tenderer shall provide further information on the areas concerned (multiple selection possible):
- Employees
- Environmental protection
- Company
- Other
Publication of sustainability reports
The tenderer shall state if its company publishes regular (e.g., annually) reports about its sustainability efforts.
If yes, the tenderer shall provide further information on the report type (multiple selection possible):
- Sustainability report
- Annual report
- Website
- Others
7. Occupational health and safety
Product range
The tenderer shall state, if its product range exclusively covers materials and not services.
If yes, then the tenderer shall confirm that his company complies with all of the laws and regulations relating to occupational safety, operational safety and hazardous and biological substances in each country in which the service is provided (in Germany e.g., the German Occupational Safety Act - ArbSchG, ...)
If no, then the tenderer shall hereby confirm that before commencing the work for EnBW, he shall create risk assessments for his employees according to the Industrial Safety Act (ArbSchG), and where applicable, the regulations governing hazardous materials, operational safety and biological agents.
Note: The Industrial Safety Act governs the underlying industrial safety obligations of the employer, the rights of employees and the monitoring of occupational safety under this Act.
Occupational health and safety standards
The tenderer shall state if an occupational health and safety standard is in place in its company.
If yes, the tenderer shall name it (e.g., OHSAS 18001, ...)
System to monitor and review compliance with Occupational health and safety standards
The tenderer shall state if its company has implemented a system to monitor and/or reviewing compliance with Occupational health and safety standards.
If yes, the tenderer shall explain this briefly here.
Evaluation and selection of subcontractors for occupational health and safety standards
The tenderer shall state if the evaluation and selection of subcontractors is based on occupational health and safety standards. If yes, the tenderer shall explain this briefly here.
Commitment of sub-suppliers to the principles of internationally recognized social or ethical standards
The tenderer shall state if its company requires its sub-suppliers to commit to principles of internationally recognized social or ethical standards.
If yes, the tenderer shall mention standards such as SA 8000, Ethical Trading Initiative (ETI) Base Code, Investors in People, Global Reporting Initiative or UN Global Compact.
Demonstration of compliance with internationally accepted labour standards when evaluating and selecting sub-suppliers
The tenderer shall state if its company can demonstrate that the compliance with internationally accepted labour standards is considered when evaluating and selecting sub-suppliers.
8. Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)
Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB) (mandatory criteria)
The tenderer shall hereby declare that within the last three years, no-one belonging to his company, nor anyone belonging to his administrative, management or supervisory board or anyone who has powers of representation, decision making or control, has been found guilty of breaching one of the provisions of Section 123 (1) No. 1-10, nor has the company been subject to a legally binding financial penalty due to breaches of the previously mentioned provisions pursuant to Section 30 of the Code of Administrative Offences (GBW) (mandatory criteria)
Public contracting authorities shall exclude an undertaking from participation at any point in the procurement procedure when they are aware that a person whose conduct is imputable to the undertaking in accordance with subsection (3) has been convicted by final judgement or a final administrative fine has been issued against the undertaking under Section 30 of the German Administrative Offences Act [Gesetz über Ordnungswidrigkeiten] for a criminal offence under:
1. Section 129 of the German Criminal Code [Strafgesetzbuch] (forming criminal organisations), Section 129a of the German Criminal Code (forming terrorist organisations) or Section 129b of the German Criminal Code (foreign criminal and terrorist organisations);
2. Section 89c of the German Criminal Code (financing of terrorism) or for participation in such a crime or for the provision or collection of financial resources with the knowledge that such financial resources will be used or are intended to be used, wholly or in part, to commit a crime under Section 89a(2) no 2 of the German Criminal Code;
3. Section 261 of the German Criminal Code (money laundering);
4. Section 263 of the German Criminal Code (fraud), provided that the criminal offence is directed against the budget of the European Union or against budgets administered by the European Union or on its behalf;
5. Section 264 of the German Criminal Code (subsidy fraud), provided that the criminal offence is directed against the budget of the European Union or against budgets administered by the European Union or on its behalf;