HITW-UNI-PC-ACA080-0002 -Eligibility forms Terminal-FEED ITT_2026-09-02.docx

Call for Tender

Hydrogen Import Terminal-FEED Study

Eligibility forms for the call for tenders

Notes:

Attention must be paid to the minimum requirements for suitability included in the EU-wide notice! If these are not met, exclusion must take place.

In addition, reference is made to the criteria for the evaluation of the call for tenders, which can also be found in the EU-wide notice (cf. Section II.2.9).

The forms submitted and completed are valid without a signature; unless a signature is expressly required.

You may make the entries in English. Only in the event of a request shall a translation be sent to the client.

Contents

Form I Declaration of the applicant consortium 3

Form II Self-declaration of reliability 6

Form III Self-Declaration on the existence of other circumstances” that may give rise to grounds of exclusion 10

Form IV Self- Declaration on Liability Insurance 13

Form V Declaration of turnover 15

Form VI Self-declaration on the company 16

Form VII Self-declaration Company references 18

Form VIII – non-applicable Self-declaration Qualification for the preparation of the necessary permit-relevant documents in compliance with the laws, ordinances and regulations applicable at the project site 21

Form IX List of subcontractors and qualifying lenders 22

Form X Declaration of commitment of the third party to 24

Suitability loan of the technical and professional capacity 24

Form XI Declaration of commitment of the third party to 25

Suitability loan of the economic and financial capacity 25

Form XII Sanctions - self-declaration on the lack of reference to Russia 26

Form XIII- Self-declaration in the event of prior involvement in the procurement procedure 28

Information due to the collection of personal data pursuant to Articles 13 and 14 of the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) 29

Form I Declaration of the applicant consortium

(If applicable, to be filled in as provided. If the applicant group is to have more than four members, the form must be duplicated).

Declaration by candidate/bidding consortium

– will become a consortial declaration if the contract is awarded –

Transaction number: Project processing number: Project title: Works/services tendered: Country: Germany

Declaration

We, the members of the candidate/bidding consortium, consisting of:

Authorised representative:

Other members:

hereby agree that, in the event the contract is awarded to us, we shall establish a consortium.

We undertake to contribute our full entrepreneurial capacity toward achieving the purpose of the consortium and toward performing the present contract, and to provide each other with mutual support. The members of the consortium shall be jointly and severally liable for the performance of the project.

Should the contract be awarded to us, the members of the consortium hereby further declare as follows:

Postal address of the consortium:

Email address of the consortium:

Consortium bank details

Account holder: Bank: IBAN: BIC:

Unless all Consortium Members notify the Client in writing any payment of the Client arising from this Agreement shall be made with discharging effect to all Consortium Members to the bank account above.

The member designated as authorized representative shall be the leading Consortium Member and shall be entrusted with overall coordination of the consortium. The leading Consortium Member shall be the sole representative of the consortium with respect to the Client and third parties. Legally binding declarations with effect for and against the consortium shall be addressed to the leading Consortium Member. Any internal restrictions on this power of attorney arising from the consortium agreement between the Consortium Members shall have no effect vis-à-vis the Client or third parties

The power of attorney for the leading Consortium Member may only be revoked or withdrawn, and the consortium may only be terminated, for important reasons. Important reasons shall include, in particular, wilful or grossly negligent breaches of material obligations under the consortium agreement, the impossibility of performing such obligations, and serious breaches of trust (cf. Sections 712 and 723 German Civil Code (BGB)). The Client shall only consider a revocation or withdrawal of the power of attorney as proven if, in the case of a consortium with more than two members (pursuant to Section 715 in conjunction with Section 712 BGB), the relevant written resolution of the consortium is submitted, or, in the case of a two-member consortium, evidence is provided that the written revocation or declaration of withdrawal has been received by the affected Consortium Member.

If the power of attorney is revoked or withdrawn, or if there is uncertainty as to its continued validity, such declarations shall be sent to the stated postal address of the consortium and shall be deemed to have been received by the consortium.

The client shall only consider a revocation or withdrawal of the power of attorney as proven if, in the case of a consortium with more than two members (pursuant to Section 715 in conjunction with Section 712 BGB), the relevant written resolution of the consortium is submitted, or, in the case of a two-member consortium, evidence is provided that the written revocation or declaration of withdrawal has been received by the affected member.

The obligation to perform the project shall remain unaffected by the dissolution of the consortium. The members originally participating in the consortium shall continue to be jointly and severally liable for fulfilment of these obligations; the same shall apply in the event of withdrawal from the consortium. Legally relevant facts and events shall have effect for and against all consortium members (cf. Sections 422–425 BGB).

If the consortium is dissolved, or if a consortium member notifies the client that it has withdrawn from the consortium or that the consortium has been terminated, the client shall be entitled to terminate the respective contract in accordance with Section 2.11.7 of the contract draft.

Form II Self-declaration of reliability

Pursuant to Sections 123 and 124 of the German Act against Restraints of competition (GWB)

(The form is to be completed by each company with a role in the procurement process. The form must be reproduced if necessary).

__________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

□ Subcontractor with suitability lending

□ Subcontractor without suitability lending

□ Suitability lender only

1. I/We declare that

• no person whose conduct[1] is attributable to my/our company has been convicted by a final court decision or no fine has been imposed on my/our company by a final court decision pursuant to § 30 of the German Administrative Offences Act (Gesetz über Ordnungswidrigkeiten) for an offence pursuant to[2] :

1. § Section 129 of the Criminal Code (formation of criminal organisations), Section 129a of the Criminal Code (formation of terrorist organisations) or Section 129b of the Criminal Code (criminal and terrorist organisations abroad),
2. § Section 89c of the Criminal Code (financing of terrorism) or for participating in such an offence or for providing or collecting financial resources knowing that these financial resources will be used or are intended to be used, in whole or in part, to commit an offence under Section 89a(2)(2) of the Criminal Code,
3. § Section 261 of the Criminal Code (money laundering; concealment of unlawfully obtained assets),
4. § Section 263 of the Criminal Code (fraud), insofar as the 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 Criminal Code (subsidy fraud), insofar as the offence is directed against the budget of the European Union or against budgets administered by the European Union or on its behalf,
6. § Section 299 of the Criminal Code (corruptibility and bribery in commercial transactions), §§ Sections 299a and 299b of the Criminal Code (corruptibility, bribery and bribery in the health sector),
7. § Section 108e of the Criminal Code (corruption and bribery of mandate holders),
8. sections 333 and 334 of the Criminal Code (granting of advantages and bribery), in each case also in conjunction with section 335a of the Criminal Code (foreign and international officials),
9. Article 2 § 2 of the Act on Combating International Bribery (Bribery of Foreign Members of Parliament in Connection with International Business Transactions) or
10. sections 232, 232a paragraphs 1 to 5, sections 232b to 233a of the Criminal Code (trafficking in human beings, forced prostitution, forced labour, exploitation of labour, exploitation using deprivation of liberty),

• my/our company has fulfilled its obligations to pay taxes, duties or social security contributions and there is no legally binding court or final administrative decision in this respect or my/our company has fulfilled its obligations in that I/we have committed to pay the taxes, duties and social security contributions including interest late fees and penalties.

1. I/we declare that

• my/our company has not violated applicable environmental, social or labour law obligations in the execution of public contracts has violated applicable obligations under environmental, social or labour law - in particular also under the Posted Workers Act, the Residence Act, the Minimum Wage Act and the Act to Combat Clandestine Employment,
• my/our company is not insolvent, no insolvency proceedings or comparable proceedings have been applied for or opened against the company's assets, the opening of such proceedings has not been rejected for lack of assets, the company is not in liquidation proceedings and has not ceased its activities,
• my/our company has not committed any serious misconduct in the course of professional activity which calls into question the integrity of the company[3] ,
• my/our company has not entered into any agreements with other companies or concerted practices which have as their object or effect the prevention, restriction or distortion of competition,
• there is no conflict of interest in the conduct of the procurement procedure which could affect the impartiality and independence of a person acting on behalf of the contracting authority in the conduct of the procurement procedure
• my/our company was not already involved in the preparation of the award procedure or that this does not result in a distortion of competition,
• my/our company has not substantially or persistently failed to fulfil an essential requirement in the performance of a previous public contract or concession contract and this has led to early termination, damages or a comparable legal consequence,
• my/our company has not committed any serious deception with regard to grounds for exclusion or selection criteria and has not withheld any information and is able to provide the required evidence,
• my/our company has not attempted or will not attempt to improperly influence the decision-making of the contracting authority or to obtain confidential information through which the company could gain improper advantages in the procurement procedure,
• my/our company has not made or will not make any misleading or inaccurate statements in the award procedure.

1. I/we am/are aware that no information has yet been obtained from the awarding authority regarding any previous exclusions of my/our company from award procedures or misconduct that may lead to entries in the award register of the State of NRW.

I/We hereby affirm that there is no misconduct that could justify my/our exclusion from participation in the competition[4] or could lead to an entry in the Public Procurement Register. [5]

I/we am/are aware that the incorrectness of the above declaration under 3. may lead to my/our exclusion from the award procedure as well as to the termination without notice of any contract awarded due to breach of a contractual accessory obligation for good cause and may result in notification of the exclusion and the exclusion period to the information office/the Public Procurement Register.

I/We undertake to require the above declarations under 1. to 3. also from subcontractors and to submit them before conclusion of the contract.

Hint:

Provided you are in one of the above situations, you may also provide evidence that you have taken sufficient measures to ensure that, despite the existence of a relevant ground for exclusion, it does not apply. For this purpose, you shall provide evidence that you have paid or undertaken to pay compensation for any damage caused by a criminal offence or misconduct, that you have comprehensively clarified the facts and circumstances by actively cooperating with the investigating authority and that you have taken concrete technical, organisational and personnel measures suitable to prevent further criminal offences or misconduct. This proof must be attached to the application together with the self-declaration.

Form III Self-Declaration on the existence of other circumstances” that may give rise to grounds of exclusion

(The form is to be completed by each company with a role in the procurement process. The form must be reproduced if necessary).

Employers must request information from the candidates that the conditions for exclusion pursuant to Section 21 of the German Posted Workers Act (Arbeitnehmerentsendegesetz)), Section 19 of the Minimum Wage Act (Mindestlohngesetz), Section 21 of the Act to Combat Undeclared Work (Schwarzarbeitsbekämpfungsgesetz),Section 22 of the Supply Chain Due Diligence Act (Lieferkettensorgfaltsspflichtengesetz) or Section 14 of the Federal Tariff Compliance Act (Bundestariftreuegesetz) are not met.

_________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

□ Subcontractor with suitability lending

□ Subcontractor without suitability lending

□ Suitability lender only

1. Do any of the grounds for exclusion specified in section 22 of the German Supply Chain Due Diligence Act (LkSG) apply in your case?

□YES □ NO

If yes, please provide details:

If yes, have self-cleansing measures as specified in section 22 (1) LkSG and section 125 GWB been taken by the company?

□YES NO□

If yes, please describe the measure taken:

2) Do any of the grounds for exclusion specified in section 21 of the German Posted Workers Act (Arbeitnehmerentsendegesetz) apply in your case?

□YES □ NO

If yes, please provide details:

If yes, can sufficient evidence be provided to demonstrate the restoration of reliability?

□YES NO□

If yes, please give evidence:

3) Do any of the grounds for exclusion specified in Section 21 of the Act to Combat Undeclared Work (Schwarzarbeitsbekämpfungsgeset) apply in your case?

□YES □ NO

If yes, please provide details:

4) Do any of the grounds for exclusion specified in Section 19 of the Minimum Wage Act (Mindestlohngesetz) apply in your case?

□YES □ NO

If yes, please provide details:

If yes, can sufficient evidence be provided to demonstrate the restoration of reliability?

□YES NO□

If yes, please give evidence:

1. Do any of the grounds for exclusion specified in section 14 of the Federal Tariff Compliance Act (Bundestariftreuegesetz) apply in your case?

□YES □ NO

If yes, please provide details:

If yes, have self-cleansing measures as specified in section 125 GWB been taken by the company?

□YES NO□

If yes, please describe the measure taken:

Form IV Self- Declaration on Liability Insurance

(The form must be completed by each applicant. In the case of consortia, the form may be completed by each member or by the consortium as such).

__________________________________________________________________________(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

1. Professional indemnity insurance:

I/We declare that I/we have

□ a Professional indemnity insurance to cover losses and/or damages to third parties caused by FEED Contractor in connection with the provision of the Services:

• with an acceptable Insurer: ________________________________________
• with a limit of indemnity of not less than EUR 10 Mio. for each and every claim and in the annual aggregate

We will ensure that all subcontractors engaged to perform services under this FEED study have comparable insurance coverage in place or are included in the Contractor`s insurance coverage.

We guarantee that the insurance cover is maintained beyond the term full at least until five years beyond the term of the contract, if it is concluded.

We hand in a copy of the certificate of the existing insurance.

□ in the event that the order is placed with us the

______________________________________________________________ (Please enter name of insurer)

a Professional indemnity insurance to cover losses and/or damages to third parties caused by FEED Contractor in connection with the provision of the Services:

• with an acceptable Insurer: ________________________________________
• with a limit of indemnity of not less than EUR 10 Mio. for each and every claim and in the annual aggregate

We will ensure that all subcontractors engaged to perform services under this FEED study have comparable insurance coverage in place or are included in the Contractor`s insurance coverage.

We guarantee that the insurance cover is maintained beyond the term full at least until five years beyond the term of the contract, if it is concluded.

1. Third Party Liability Insurance:

I/We declare that I/we have

□ a market standard third party liability insurance for any incident or series of incidents arising out of the performance of the contract, if it is concluded.

We hand in a copy of the certificate of the existing insurance.

□ in the event that the order is placed with us the

______________________________________________________________ (Please enter name of insurer)

a market standard third party liability insurance for any incident or series of incidents arising out of the performance of this Agreement.

Form V Declaration of turnover

(The form must be completed by each applicant. In the case of consortia, the form may be completed by each member or by the consortium as such. The form must be completed by the borrower in the case of economic and/or financial suitability lending).

• NOTE: The minimum requirement is a total average turnover for the last three completed financial years (2023, 2024, 2025) in the area of Engineering Services > € 12 million in the area of Engineering Services.

__________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

□ Suitability lender in economic-financial terms

Form VI Self-declaration on the company

(The form is to be completed by the applicant or the applicant consortium. Sub-contracted party´s personnel is not accountable to fulfill the below requirements. The form must be reproduced if necessary. Where provided for or necessary, explanations may/must be given in annexes to be prepared by the enterprise itself).

NOTE: The minimum required number of permanent employees is an average of 200 or more in the last three (3) completed financial years (2023, 2024,2025).

_________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

□ Subcontractor with suitability lending

□ Subcontractor without suitability lending

The Participant confirms their acknowledgement of and compliance with

• the Uniper Supplier Code of Conduct. □ yes □ no
• the Uniper HSSE-Sustainability-Policy-Statement. □ yes □ no

The participant confirms

• that all items of the scope as described in the scope of work and listed in price sheet can be delivered (delivery capacity and delivery competence). □ yes □ no
• adherence to the price sheet provided which requires a lump sum fixed price for the pre-FEED Study as part of this tendering process. □ yes □ no

Form VII Self-declaration Company references

(The form must be completed by each applicant. In the case of consortia, it may be completed by each member or by the consortium as such. In the case of technical suitability lending, the form must be completed by the borrower. If necessary, additional sheets or own documents may be used as attachments for the description/presentation and further reference projects. The form must be copied if necessary).

NOTE: The following requirements must be met:

1. The applicant must provide reference(s), at least one (1), for the completed execution of services that are comparable to the services to be awarded. Comparable services are those which consider large industrial-scale applications, such as terminals (import and/or export), import/export facilities, LPG-/Ethylene-/LNG-/Ammonia-applications, and have been carried out as FEED or detail engineering.
2. The applicant must provide at least one (1) reference according to which it has completed at least one FEED or detail engineering for an industrial scale ammonia application comparable to the Design Scope as described in the Scope of Work (“HITW-UNI-GE-ACC070-0002-Terminal-FEED Scope of Work”) or at least comparable to one or more relevant, key major elements or areas of the requested Design Scope. Ideally, the reference project location was within the European Union and therefore the carried-out planning has taken into account all relevant European norms and standards. The reference described here can be an integral part of references under A), C), D) or E).
3. The applicant must provide at least one (1) reference to proof relevant experience in FEED or detail engineering at the interface to marine aspects and marine shipping. Relevant experience can e.g. be for loading and/or unloading topsides on jetties or other harbour infrastructure for transfer of gases, liquefied gases, or petrochemical substances. The reference described here can be an integral part of references under A), B) or D).
4. The applicant must provide at least one (1) reference according to which it has completed at least one FEED or detail engineering for a full-containment ammonia or LNG storage tank. The reference described here can be an integral part of references under A), B), C) or E).
5. The candidate shall provide relevant reference(s), at least four (4), to demonstrate applicable and relevant civil engineering knowledge in Germany, considering that FEED engineering and design for many buildings is required as part of the Terminal-FEED Scope of Work, among others. The references shall comprise civil (sub-)projects with a volume of > € 50 million each. Also, the candidate or its Civil subcontractor has to proof that at least the references or further four (4) civil permitting approval processes have been performed in Germany successfully and in German language. Special knowledge in Federal civil codes and standards, laws as well as construction product certifying procedures must be proven. References shall proof experiences with shall proof experiences with NBauO, BauGB, BauNVO, DIN, DIBt, WHG, DVGW, DWA. The reference(s) described here can be an integral part of references under A), B) or D.
6. The value of the candidate's own work (excluding subcontractors) in relation to references according to A) or B), must be more than €2,500,000 (gross). If the service was provided as part of a partnering or joint venture, the candidate's share of the service must be more than 50%.
7. The references according to A) – E) must not be older than ten (10) years and must contain the following minimum information:
   • Project description
   • Execution period
   • Scope of Services (Design Scope and Scope of Work)
   • Employer
   • Contact person (by name with contact details, in particular telephone number)
   • contract value (with additional statement of candidate´s part of the contract volume, if JV or subcontract)

Template for references according to Form VII

_________________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant consortium

□ Subcontractor with suitability lending

All fields must be filled in! The information must be verifiable.

Reference no.: ___________

Order/project designation:

Client:

Execution period:

Contract value (for Joint Ventures incl. Companies share of overall value):

Contact person:

Address:

Telephone of the contact person:

E-mail of the contact person:

The named company reference includes (please tick!):

a) Services comprising

Comparable Industrial Scale Application (as per A) □ yes □ no

An Ammonia Application (as per B) □ yes □ no

Marine Experience (as per C) □ yes □ no

Storage tank application (as per D) □ yes □ no

Civil Engineering Knowledge (as per E) □ yes □ no

b) the end of the project is not more than 10 years in the past from the date of the announcement.

□ yes □ no

c) all comparable services have been provided in the same project.

□ yes □ no

Description of the (respective) assignment/project and presentation of the scope of services rendered.

Form VIII – non-applicable Self-declaration Qualification for the preparation of the necessary permit-relevant documents in compliance with the laws, ordinances and regulations applicable at the project site

(The form must be completed by each applicant. In the case of consortia, it may be completed by each member or by the consortium as such. In the case of technical suitability lending, the form must be completed by the borrower. If necessary, additional sheets or own documents may be used as attachments for the description/presentation and further reference projects. The form must be copied if necessary).

_________________________________________________________________________________

(enter company)

Role of the company in the award procedure:

□ Applicant

□ Member of an applicant group

□ Subcontractor with suitability lending

I/We declare that

• the qualification required for the execution of the contract to prepare the necessary documents relevant for approval in compliance with the laws, ordinances and regulations applicable at the project location is available.

Form IX List of subcontractors and qualifying lenders

A candidate or a group of candidates may use other companies as subcontractors and/or suitability lenders. These must be named in the request to participate using this form.

Note: With regard to the submission of additional documents, three cases must be distinguished:

Case 1: For the appointment of a subcontractor without a subcontracting agreement, the candidate must additionally submit for each subcontractor: all the documents listed under section III. 1.1 of the EU-wide notice (i.e. forms I, II, III, X, XII and extract from the commercial register) as proof of the subcontractor's reliability and compliance with the law.

Case 2: For the designation of a company as a subcontractor with a subcontracting agreement on the basis of technical and/or professional capacity, the candidate must additionally submit: (i) the completed documents of Forms II, III, VI and VII with the information of the subcontractors company), (ii) a declaration of commitment from the subcontractor using Form X.)

Case 3: For the designation of a company as the Qualifying Lender with regard to economic and financial capacity, the candidate must additionally submit: (i) the completed documents of Forms II, III, V, VI with the information of the subcontractors company), (ii) a declaration of commitment from the subcontractor using Form XI.)

It should be noted that another company may not only be an independent company that is legally distinct from the applicant, but may also be an affiliated/affiliated company.

• Continued on next page.

We nominate the following companies as suitability lenders and / or subcontractors:

• duplicate if necessary.

Form X Declaration of commitment of the third party to

Suitability loan of the technical and professional capacity

Company of the applicant: _____________________________________

Company of the comitting third party :_____________________________________

The suitability loan exists for the candidate with regard to the following evidence of the technical and professional capacity of the candidates/the group of candidates in accordance with the EU-wide call for tenders (cf. Section III. 1.3 there):

We undertake, in the event of the contract being awarded to the above-mentioned bidder/the above-mentioned bidding consortium, to be at the unrestricted disposal of this bidder/the above-mentioned bidding consortium with the capabilities (resources/capacities) of our company for the duration of the execution of the contract and to carry out the named partial services ourselves.

We have enclosed the other necessary documents concerning our company. These are all declarations and evidence pursuant to Section III. 1.1 and Section III. 1.3 of the EU-wide notice, insofar as reference is made thereto.

_________________________________________________________________

(place, date) (Signature of third party, company stamp)

Form XI Declaration of commitment of the third party to

Suitability loan of the economic and financial capacity

Company of the applicant: _____________________________________

Company of the comitting third party :_____________________________________

The suitability loan exists for the candidate with regard to the following evidence of the economic and financial capacity of the candidates/the group of candidates in accordance with the EU-wide notice (cf. Section III. 1.2 there):

We undertake to be jointly and severally liable with the applicant/contractor to the contracting authority in the event of the contract being awarded to the above-mentioned applicant/the above-mentioned group of applicants.

We have enclosed the other necessary documents concerning our company. These are all declarations and proofs according to section III. 1.1 and form V.

_________________________________________________________________

(place, date) (Signature of third party, company stamp)

Form XII Sanctions - self-declaration on the lack of reference to Russia

(from all applicants / bidders / all members of applicant or bidder consortia)

Name of the award procedure / contract:

Business reference of the contracting authority:

I/we hereby submit the following binding declaration (if applicable, also on behalf of the persons represented in the participation application / tender):

1.the applicant(s)/tender(s) does/do not belong to the

in Article 5(k)(1) of Regulation (EU) No 833/2014 as amended by Article 1(23) of Council Regulation (EU) 2022/576 of 8 April 2022 concerning restrictive measures in view of Russia's actions destabilizing the situation in Ukraine,

named persons or undertakings having a connection with Russia within the meaning of the provision,

1. by the Russian nationality of the applicant/tenderer or the establishment of the applicant/tenderer in Russia,

2. through the participation of a natural person or a company to which one of the criteria under letter a applies in the candidate/tenderer via the holding of shares to the extent of more than 50%,

3. by the candidates/tenderers acting on behalf of or at the direction of persons or undertakings to whom the criteria in points (a) and/or (b) apply.

4. companies participating in the contract as subcontractors, suppliers or companies whose capacities are used in connection with the provision of proof of suitability and which account for more than 10% of the contract value are also not included in the group of persons with a connection to Russia within the meaning of the provision.

5. it is confirmed and ensured that, also during the term of the contract**,** no companies involved as subcontractors, suppliers or companies whose capacities are used in connection with the provision of the proof of suitability are used which account for more than 10 % of the contract value.

_______________________, the _______________________________

Signatures

Article 5k of Regulation (EU) No 833/2014, as amended by Article 1(23) of Council Regulation (EU) 2022/576 of 8 April 2022, reads as follows:

(1) It shall be prohibited to award public contracts or concessions falling within the scope of the public procurement Directives and under Article 10(1), (3), (6)(a) to (e), (8), (9) and (10) and Articles 11, 12, 13 and 14 of Directive 2014/23/EU, under Articles 7 and 8, Article 10(b) to (f) and (h) to (j) of Directive 2014/24/EU, Article 18, Article 21(b) to (e) and (g) to (i), Article 29 and Article 30 of Directive 2014/25/EU and Article 13(a) to (d), (f) to (h) and (j) of Directive 2009/81/EC to the following persons, entities or bodies. continue to perform contracts with such persons, entities or bodies:

(a) Russian nationals or natural or legal persons, entities or bodies established in Russia,

(b) any legal person, entity or body in which more than 50 % of the shares are owned, directly or indirectly, by an entity referred to in point (a); or

(c) natural or legal persons, entities or bodies acting on behalf or at the direction of one of the organisations referred to in points (a) or (b),

including those accounting for more than 10 % of the contract value, subcontractors, suppliers or undertakings whose capacities are used within the meaning of the public procurement directives.

(2. By way of derogation from paragraph 1, the competent authorities may authorise the award or continued performance of contracts intended for

(a) the operation of civil nuclear capabilities, their maintenance, their decommissioning, the management of their radioactive waste, their supply and reprocessing of fuel elements and the continuation of the design, construction and acceptance testing for the commissioning of civil nuclear facilities and their safety, as well as the supply of source materials for the production of medical radioisotopes and related medical applications, critical technologies for radiological environmental monitoring and for civil nuclear cooperation, in particular in the field of research and development,

(b) intergovernmental cooperation in space programmes,

(c) the provision of essential goods or services where they can be provided exclusively or only in sufficient quantity by the persons referred to in paragraph 1,

(d) the activities of diplomatic and consular missions of the Union and of the Member States in Russia, including delegations, embassies and missions, or of international organisations in Russia enjoying immunity under international law.

(e) the purchase, import or transport of natural gas and petroleum, including refined petroleum products, and titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia to the Union; or

(f) the purchase, import or transport of coal and other solid fossil fuels listed in Annex XXII until 10 August 2022.

(3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of its grant.

(4) The prohibitions in paragraph 1 shall not apply to the performance, until 10 October 2022, of contracts concluded before 9 April 2022.

Form XIII- Self-declaration in the event of prior involvement in the procurement procedure

□ We, [Full Legal Name of Candidate/Tenderer], hereby declare that:

Neither the company nor any of its employees, directors, advisers, subcontractors, or affiliated entities has advised the awarding authority in relation to this procurement procedure, nor been involved in the preparation of the procurement documents or award procedure in any other way.

OR

□ The following person(s)/entity(ies) connected to the candidate/tenderer has/have previously advised or otherwise been involved in the preparation of the procurement procedure:

• Name:
• Role/Function:
• Nature of involvement:
• Period of involvement:

We further confirm that all relevant information regarding such involvement has been fully and accurately disclosed above. □ yes □ no

We declare that our participation in the preparation of the procurement procedure does not lead to any distortion of competition within the meaning of § 7(3) SektVO. □ yes □ no

We acknowledge and understand that, upon request, the tenderer shall provide appropriate evidence demonstrating that any potential competitive advantage has been effectively neutralised or is otherwise incapable of affecting the outcome of the procedure.

We further acknowledge that the Employer reserves the right to request additional information or supporting evidence. We are aware and understand that a failure to provide sufficient information or to demonstrate the absence of any distortion of competition may result in exclusion from the procedure.

We undertake to immediately notify the awarding authority should any additional relevant information arise during the procurement procedure.

Form XIV- Self-Declaration Regarding Insolvency and Business Continuity

The company is not insolvent and is able to meet its financial obligations as they become due.

No insolvency proceedings or any comparable legally regulated proceedings have been applied for, initiated, or opened in respect of the company's assets.

No application for the opening of insolvency proceedings or comparable proceedings has been rejected due to insufficient assets.

The company is not subject to liquidation, winding-up, dissolution, or comparable proceedings.

The company has not ceased its business activities and continues to conduct its business operations in the ordinary course to the best of our knowledge and belief, no grounds exist that would justify the exclusion of the company from a public procurement procedure under the insolvency-related provisions of German public procurement law, including Section 124 of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB), insofar as applicable.

We certify that the information provided in this declaration is true, complete, and accurate as of the date of signing. We understand that any false or misleading statement may result in exclusion from the procurement procedure and may give rise to further legal consequences.

☐ We can not confirm one or more of the above statements. Please provide details below:

Information due to the collection of personal data pursuant to Articles 13 and 14 of the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016)

The contracting authority is required to collect and process personal data within the framework of the award procedure. It is therefore also required to inform the candidate / group of candidates as well as possible subcontractors about the processing of data in accordance with Art. 13, 14 of the General Data Protection Regulation (GDPR). The candidate / group of candidates as well as possible subcontractors are requested to forward this information to their employees whose data will be transmitted in the context of this award procedure and to bring it to their attention.

The client and thus the responsible party for data processing is Uniper Hydrogen GmbH, Holzstraße 6, 40221 Düsseldorf. You can contact the data protection officer at the e-mail address dataprotection@uniper.energy or at the address Uniper SE - Attn: Data Protection Officer -, Holzstraße 6, 40221 Düsseldorf.

The personal data provided to the contracting authority by the candidate / group of candidates and possible subcontractors shall be processed for the purpose of implementing the award procedure. The legal basis for this is Art. 6 para. 1 lit. c), para. 3 DSGVO. As an applicant or bidder, you are obliged to provide the required information. If you do not provide this information, your tender / application to participate may be excluded from the further award procedure in accordance with the provisions of public procurement law.

Within the framework of the award procedure, the contracting authority collects and processes in particular the data specified in Forms I - XII. This is done for the purpose of conducting the award procedure. The data will be taken into account, among other things, in the evaluation of the submitted application to participate / tender, to enable any necessary contact to be made and to verify the submitted declarations and evidence.

The storage period of the collected data is based on the respective statutory retention periods. After expiry of this period, the data is deleted by us unless it is still required for the fulfilment or execution of the contract or for other purposes notified at the time of collection. As a rule, the retention period is three to five years.

Personal data is transmitted if it is necessary for the implementation of the award procedure. Disclosure to third parties therefore takes place, if necessary, to consultants or technicians for the purpose of verifying the information provided and comparing it with the requirements set. In all award procedures, the characteristics and advantages of the successful bid as well as the name of the successful bidder must be communicated upon request of the bidders who have not been considered for the award (Section 134 GWB).

In accordance with Art. 15 of the GDPR, you have the right to obtain information about the personal data stored about you, including any recipients and the planned storage period. Should incorrect personal data be processed, you have the right to rectification in accordance with Art. 16 DSGVO. If the legal requirements are met, you may request the deletion or restriction of processing as well as object to processing (Art. 17, 18 and 21 DSGVO). You can also lodge a complaint with a supervisory authority in accordance with Art. 77 DSGVO. If you are of the opinion that the client does not comply with the legal provisions when processing your data or that data protection claims have otherwise been violated in some way, you can contact the data protection supervisory authority responsible for your country. You can find the relevant contact details here: https://www.bfdi.bund.de/DE/Infothek/Anschriften\_Links/anschriften\_links-node.html. As a rule, the data subject can contact the supervisory authority of their usual place of residence or our registered office for this purpose.

1. The conduct of a person convicted by final judgment is attributable to an enterprise if that person has acted as a person responsible for the management of the enterprise; this also includes the supervision of the management or the other exercise of controlling powers in a managerial position. ↑

2. A conviction or the imposition of a fine shall be equivalent to a conviction or the imposition of a fine under the comparable provisions of other States. ↑

3. see footnote 1 ↑

4. Misconduct which usually leads to the exclusion of the candidate or tenderer from participation in the award procedure are - irrespective of the form of participation, in the case of companies also irrespective of the function of the perpetrator or participant - in particular:

   • Criminal offences committed in or in relation to business transactions, including fraud, subsidy fraud, breach of trust, falsification of documents, agreements restricting competition in award procedures, bribery - also in business transactions - or granting of advantages,
   • offering, promising or granting unlawful advantages to persons who are close to public officials or persons obliged to perform public service, or to freelance professionals who act on behalf of a public contracting authority when awarding contracts.

   Violations of the Act against Restraints of Competition, including agreements on the submission or non-submission of bids, as well as the provision of specific planning and tendering assistance intended to influence competition, will lead to exclusion if facts also indicate unlawful or unfair influence on the award procedure. ↑

5. An entry in the Public Procurement Register may also be made irrespective of an exclusion from an award if the requirements of Section 5 of the Act to Improve the Fight against Corruption and to Establish and Maintain a Public Procurement Register in North Rhine-Westphalia (Act to Combat Corruption - KorruptionsbG) are met. According to this law, misconduct is deemed to have occurred if, in the course of a business activity, a natural person

   1. Criminal offences under sections 331-335 (acceptance of advantage, bribery, granting of advantage, bribery), 261 (money laundering, concealment of unlawfully acquired assets), 263 (fraud), 264 (subsidy fraud), 265 b (loan fraud), 266 (embezzlement), 266 a (withholding and embezzlement of pay), 298 (agreements restricting competition in tenders), 299 (corruption and bribery in business transactions), 108e (bribery of members of parliament) StGB and under section 370 of the Tax Code,

   2. under sections 19, 20, 20 a and 22 of the War Weapons Control Act,

   3. violations of Section 81 of the Act against Restraints of Competition (GWB),

   4. violations of section 16 of the Temporary Employment Act,

   5. violations that may lead or have led to an exclusion pursuant to Section 21 of the Act to Combat Clandestine and Illegal Employment (Schwarzarbeitsbekämpfungsgesetz - SchwarzArbG) or pursuant to Section 21 of the Posted Workers Act,

   6. violations leading to exclusion pursuant to section 13 subsections 1 and 2 or section 16 subsection 1 of the North Rhine-Westphalia Tariff Compliance and Procurement Act.

   An entry is made in the case of misconduct within the meaning of section 5, paragraph 1, nos. 1-5 of the Corruption Act (see also footnote 4).

   1. on admission of the indictment

   2. in the event of a criminal conviction

   3. upon issuance of a penalty order

   4. in the event of discontinuation of the criminal proceedings pursuant to section 153 a of the Code of Criminal Procedure (StPO).

   5. after a penalty notice has become final or

   6. for the duration of criminal or administrative fine proceedings, if in the individual case, in view of the evidence at the reporting office, there is no reasonable doubt of serious misconduct and the investigating authority or the administrative authority responsible for the administrative fine proceedings does not consider the purpose of the investigation to be jeopardised. ↑