FAIR_Suitability_Flip Chip Die Bonder_33_2600038815FAIR.docx

TABLE OF CONTENTS Overview of included forms

1 ENGLISH VERSION 2

1.1 Self-Declaration of Suitability under Sections 123, 124 ARC 3

1.2 Self-Declaration MiLoG 5

1.3 Business and Professional Liability Declaration 6

1.4 Further Bidder Information 7

1.5 Self-Declaration on Regulation (EU) 833/2014 9

1.6 Self-Declaration ISO 9001 11

1.7 Company Profile 12

1.8 References 14

ENGLISH VERSION

NOTE:

In the event of commissioning, this document becomes effective when the applicant/bidder submits it as part of the qualification documents.

I/We guarantee with my signature on the request to participate/the offer or with the electronic submission of the request to participate/the offer in text form according to Section 126b Civil Code the correctness of this declaration

FAIR - Facility for Antiproton and Ion Research in Europe GmbH

Ms. Jana Schmidt

Planckstraße 1

64291 Darmstadt

____________________________________________

Name and address of the applicant

Self-Declaration of Suitability under Sections 123, 124 ARC

I/we acknowledge that a company must be excluded from participation in a tendering process, regardless of the stage of the tendering process, if the Client becomes aware that an individual whose conduct is the responsibility of the company has been legally convicted or that a fine has been legally imposed on the company in accordance with Section 30 of the Code of Administrative Offences following an offence defined under:

1. section 129 of the German Penal Code (StGB) (formation of criminal organisations), Section 129a StGB (formation of terrorist organisations), Section 129b StGB (criminal and terrorist organisations abroad),
2. Section 89c StGB (terrorist financing) or on account of participation in such a crime or the provision or collection of financial resources in the knowledge that these financial resources are used or will be used, in full or in part, to commit a crime under Section 89a (2) No. 2 StGB,
3. Section 261 StGB (money-laundering and concealment of unlawful earnings),
4. Section 263 StGB (fraud) insofar as it is an offence against the budget of the European Union, budgets managed by the European Union or on its behalf or public budgets,
5. Section 264 StGB (subsidy fraud) insofar as it is an offence against the budget of the European Union, budgets managed by the European Union or on its behalf or public budgets,
6. Section 299 StGB (bribery and corruptibility in commercial transactions),
7. Section 108e StGB (corruptibility and bribery of elected officials),
8. Sections 333 and 334 StGB (granting of advantages and bribery), each also in conjunction with Section 335a StGB (foreign and international civil servants),
9. Article 2 Section 2 of the Act Against International Corruption (bribery of foreign public officials in connection with international business transactions) or
10. Sections 232 and 233 StGB (trafficking in human beings) or Section 233a StGB (promotion of trafficking in human beings).

A violation against these regulations is on a level with violations against comparable regulations of other states. The conduct of someone who has been legally convicted is the responsibility of a company if that individual acted in capacity as the person responsible for the leadership of that company; this includes monitoring the management of the company or any other exercise of powers of control in an executive position.

I/we also acknowledge that a company must be excluded from participating in a tender, regardless of the stage of the process, as an applicant or a bidder if

1. it has not fulfilled its obligations to pay taxes, levies or social insurance contributions and this has been established by a final court judgement or a final administrative decision
2. or the Client can otherwise evidence such a violation.

I/we also acknowledge that a company may be excluded from participating in a tender, regardless of the stage of the process, as an applicant or a bidder if

1. the company has demonstrably infringed upon applicable environmental, social or labour law obligations in the execution of public contracts,
2. the company is insolvent, insolvency proceedings are opened or similar proceedings have been filed or opened in respect of the assets of the company, the opening of such proceedings has been rejected due to a lack of assets, the company is in the process of liquidation or has ceased its activities,
3. the company has demonstrably been guilty of serious misconduct in the course of exercising its professional activity, as a result of which the integrity of the company is called into question,
4. the contracting authority has sufficient grounds to conclude that the company has made agreements with other companies which have as their object or effect the prevention, restriction or distortion of competition,
5. the company did not adequately fulfil an essential requirement in the execution of a prior public contract or a concession agreement to a substantial degree or for an extended period of time, even if this did not lead to a premature termination, claims for damages or a comparable legal consequence,
6. the company committed serious deception or withheld information or is not capable of providing the necessary proof in relation to the grounds for exclusion or the suitability criteria.

I/We hereby guarantee that none of the previously mentioned transgressions which could justify exclusion from participating in the tendering process applies.

I/We undertake to request the above declaration from sub-contractors too and to submit this before the conclusion of the contract or, at the latest, before the Client agrees to the sub-contracting.

I/We guarantee the correctness of this declaration.

Self-Declaration MiLoG

Self-Declaration relating to Violations against the Act to Combat Illegal Employment (SchwarzArbG), the Posted Workers Act (AEntG), the Residence Act (AufenthG) and the Minimum Wage Law (MiLoG)

I/We declare that neither the company nor its affiliates have, in connection with activity for the company had imposed upon them

• an imprisonment of more than three months or a financial penalty of more than 90 daily rates or a fine of at least 2,500 euros under the regulations stated in Section 21 of the Act to Combat Illegal Employment (SchwarzArbG) (specifically those of Sections 8 et seq.);
• a fine of at least 2,500 euros due to a violation against Section 23 of the law concerning compulsory working conditions for employees posted internationally and for staff employed domestically on a regular basis (Posted Workers Act - AEntG);
• a fine of at least 2,500 euros or respectively imprisonment of more than three months or financial penalty of more than 90 daily rates due to a violation subject to Section 98c of the Law on residence, employment and the integration of foreigners in the federal territory (Aufenthaltsgesetz - AufenthG);
• a fine of at least 2,500 euros due to a violation against Section 21 of the law regulating a general minimum wage (Minimum Wage Law - MiLoG).

By accepting this order, I/we declare that the employees employed in my/our company are not remunerated under the wage tariffs applicable in my/our company or that the employees employed in my/our company who are not bound by collective agreements are not remunerated under the minimum wage regulations of the Posted Workers Act pursuant to Section 21 (3) AEntG or the Minimum Wage Act pursuant to Section 19 (3) MiLoG.

I/We acknowledge that any infringement upon relevant standards of other states equates to an infringement upon the standards stated above.

No criminal or fine proceedings as a result of violations against the legislation stated or against the applicable standards of other states are pending against me/us.

I/We undertake to request the above declaration from sub-contractors too and to submit this before the conclusion of the contract or before the Client agrees to the sub-contracting.

I/We acknowledge that the Client is entitled, under Section 150a of the Trade, Commerce and Industry Regulation Act, to request additional information from the commercial central register even where the above-mentioned declaration has been signed.

I/We guarantee with my signature on the request to participate/the offer or with the electronic submission of the request to participate/the offer in text form according to Section 126b Civil Code the correctness of this declaration.

Business and Professional Liability Declaration

The sum insured must cover at least three the order value.

If business/professional liability insurance is not yet in place, please mark as appropriate:

Please note: If the applicant does not have business/professional liability insurance or does not intend to conclude a policy in the event its tender is successful, this will result in compulsory exclusion.

Further Bidder Information

In the context of the introduction of new stipulations for EU-wide tendering procedures (so-called eForms), public clients have been required since 25 October 2023 to publish the contractor information listed below in any contract notices (previously contract award notices).

Against this backdrop, the following details must be provided for each bidder and each member of a bidding consortium and must be submitted along with the proposal or the participation application in the case of a preliminary participation contest.

National Identification Number

Companies and other business operators must generally enter the respective business identification number. Since this general identifier has not been introduced to date, another unique identification number must be specified in a clearly identifiable way. Preferably this should be the value-added tax ID (e.g. DE123456789) or a German registry entry, ideally from the relevant trade register (e.g. HRA 12345). “Not specified” may only be entered for natural persons in order to protect their personal data.[1]

Business Size

It is categorized based on the following definition issued by the German Federal Statistical Office:

Micro-Business: up to 9 employees and up to 2 million Euro turnover

Small Business: up to 49 employees and up to 10 million Euro turnover, and not a micro-business

Medium-Sized Business: up to 249 employees and up to 50 million Euro turnover, and not a small business

Large Business: over 249 employees or over 50 million Euro turnover

Owner’s Nationality

Specification of the nationality of the beneficial owner of the contracted enterprise is mandatory, unless the enterprise is publicly listed.

The nationality (or nationalities) of the beneficial owner(s) of the winning bidder according to the entry in the registry or registries that have been set up to combat money laundering. If no corresponding registry exists (e.g., in the case of a non-EU contractor), this information may come from different sources.[2]

Self-Declaration on Regulation (EU) 833/2014

I/we hereby make the following binding declaration (if applicable, also on behalf of the persons represented in the request to participate / bid):

1. the applicant / tenderer does not belong to the

referred to in Article 5 k) paragraph 1 of Regulation (EU) No. 833/2014 as amended by Article 1 item 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,

referred to persons or entities having a connection with Russia within the meaning of the provision,

(a) by Russian nationality of the applicant / tenderer or the establishment of the applicant / tenderer in Russia,

b) by involvement in the applicant / tenderer of a natural person or an enterprise to which one of the criteria under letter a) applies, through the holding of shares to the extent of more than 50%,

c) by acting on behalf of or at the direction of persons or companies to which the criteria in letters a) and/or b) apply.

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

3. 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 value of the contract.

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 or continue the execution of any public or concession contract falling within the scope of the public procurement Directives, as well as Article 10, paragraphs 1, 3, 6(a) to 6(e), 8, 9 and 10, Articles 11, 12, 13 and 14 of Directive 2014/23/EU, Article 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), Articles 29 and 30 of Directive 2014/25/EU and Article 13 (a) to (d), (f) to (h) and (j) of Directive 2009/81/EC, to or with:

(a) a Russian national, or a natural or legal person, entity or body established in Russia;

(b) a legal person, entity or body whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or

(c) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph,

including, where they account for more than 10 % of the contract value, subcontractors, suppliers or entities whose capacities are being relied on within the meaning of the public procurement Directives.

2. By way of derogation from paragraph 1, the competent authorities may authorize the award and continued execution of contracts intended for:

(a) the operation, maintenance, decommissioning and radioactive waste management, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, as well as the supply of precursor material for the production of medical radioisotopes and similar medical applications, critical technology for environmental radiation monitoring, as well as civil nuclear cooperation, in particular in the field of research and development;

(b) intergovernmental cooperation in space programmes;

(c) the provision of strictly necessary goods or services which can only be provided, or which can only be provided in sufficient quantities, by the persons referred to in paragraph 1;

(d) the functioning of diplomatic and consular representations of the Union and of the Member States in Russia, including delegations, embassies and missions, or international organizations in Russia enjoying immunities in accordance with international law;

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

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

3. The Member State concerned shall inform the other Member States and the Commission of any authorizations granted under this Article within two weeks of the authorization.

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

Self-Declaration ISO 9001

Self-Declaration of Compliance with standards within the meaning of ISO 9001 (or an equivalent standard)

We hereby declare that the standards within the meaning of ISO 9001 are complied with. All modules to be manufactured are supported by an approved and formal process that serves to monitor and record every phase of development, manufacture and testing.

In the event of an order, we will provide an appropriate set of process descriptions and documents that demonstrate compliance with ISO 9001 (or an equivalent standard).

Company Profile

• Cartel agreement

[ ] The company is party to an agreement / belongs to a cartel as defined under Sections 2 and 3 of the ARC. The following companies are members:

[ ] The company is not party to any agreement / does not belong to any cartel as defined under Sections 2 and 3 of the ARC.

• The certificate enclosed verifies that I am a / we are preferred applicant(s)

[ ] in our capacity as a workshop for disabled persons

[ ] as a workshop for the blind

[ ] in our capacity as any other social enterprise within the meaning of Section 118 of the ARC

• The company is a member of the following social insurance for occupational accidents:

(Companies which are not headquartered in the Federal Republic of Germany should indicate their insurer.)

[ ] I am / We are a foreign company from

[ ] an EU state [ ] another country

References

Description of Reference Projects

Note: Where the applicant/bidder uses sub-contractor references as a means of demonstrating its suitability in line with Section 122 ARC (qualification/permit to practice profession; economic and financial capability; technical and/or professional capability), the “Sub-contractor” and ”Declaration of Availability” forms should be filled in and submitted together with the request to participate or the offer, as the case may be. If the applicant/bidder has joined a bidder consortium in the interests of improving its service capability, the “Bidder Consortium” form should be filled in and submitted together with the request to participate or the bid, as the case may be.

Requirements for reference projects

We expect at least 3 references (max. 5 references) projects relating to the Flip-Chip-Die-Bonder (hereinafter referred to as the “device”for which we are issuing this request for proposals.

Additional requirements are

• The references projects must not be more than three years old
• The system being offered must already be in successful use at other research institutes or universities
• If this proof is not provided, the applicant will be excluded from the process

If the applicant/bidder would like to provide more than 3 references, several copies of this form should be filled in. If the applicant/bidder would like to add additional reference information which goes beyond that which is requested in this form (e.g. pictures, graphics, etc.), this information should be provided on separate sheets and clearly marked with the relevant reference number so that the information can be clearly assigned to the individual references.

Reference no. 1

Reference no. 2

Reference no. 3

1. This information was compiled based on the German eForms specifications for the national identification number. ↑
2. Die Hinweise wurden der deutschen eForms-Spezifikation zur Nationalität des Eigentümers entnommen. ↑