GIZSG043 Self-declaration by bidding and service delivery consortium.docx

Self-declaration by bidding and service delivery consortium

in the contract award procedure Water pumps 10044129

(If a bidding/service delivery consortium is formed, all members must use this form, sign it in text form and attach it to the bid.)

1. Name of the bidding/service delivery consortium:

1. Members of the bidding/service delivery consortium

(If there are any further members, please use a copy of this form)

for the contract awarded in the contract award procedure indicated above

undertake an obligation to support each other and dedicate all of their entrepreneurial efforts in order to achieve the purpose of the organisation and in the performance of the present contract.

Each member of the bidding/service delivery consortium is jointly and severally liable for delivering the work to execute the contract.

1. The members of the bidding/service delivery consortium declare as follows:

Registered office of the bidding/service delivery consortium:

Postal address of the bidding/service delivery consortium:

The bidding/service delivery consortium has the following bank account:

Description:

IBAN:

Account number:

Sort code:

Name of bank:

GIZ will render all payments it is obliged to make to the bidding/service delivery consortium under the present contract to the bank account indicated above with discharging effect, irrespective of existing provisions relating to the powers of representation. Any deviation from this provision requires the prior written consent of all parties.

1. The bidding/service delivery consortium is led by the company

(Please use identical name as in 2. above)

It alone represents the contractor vis-à-vis GIZ and third parties. Limitations of this power of representation resulting from the service delivery consortium contract concluded by the member companies shall be ineffective vis-à-vis GIZ and third parties.

The scope of representation in this context includes but is not limited to:

• submitting the bid;
• submitting declarations and substantiation; in particular but not limited to the submission of declarations and substantiation on the eligibility of the bidding/service delivery consortium;

(Important notice: The self-declaration in accordance with Articles 123 and 124 GWB must be substantiated separately for each member of the bidding/service delivery consortium.

In the event of inaccurate self-declarations (also as regards just one individual member of the bidding/service delivery consortium), the (complete) bidding/service delivery consortium can be excluded from participation in the competitive procedure in accordance with Article 124 paragraph 1 sentences 8 and 9c) of the Act against Restraints of Competition (GWB).

• undertaking all communication (e.g. submitting bidder's questions or formal complaints); and
• concluding and executing the contract.

1. Cancellation or withdrawal of the power of representation or termination of the bidding/service delivery consortium is only permitted for good cause.

Good cause includes in particular but is not limited to the wilful or grossly negligent violation of essential obligations under the bidding/service delivery consortium contract, the impossibility of fulfilling such an obligation and serious violation of duty to act in good faith (cf. Articles 712 and 723 of the German Civil Code (BGB)).

1. Legally binding declarations with effect for and against the bidding/service delivery consortium are issued to the lead member.

In the event that the power of representation is cancelled or withdrawn, or in the event of uncertainty as to the continued existence of the power of representation, these declarations will be sent to the indicated postal address of the bidding/service delivery consortium; they are thus deemed to have been received by the bidding/service delivery consortium.

The cancellation or withdrawal of the power of representation is deemed to have been substantiated before GIZ only if the latter is provided in the case of a bidding/service delivery consortium comprising several members with a requisite resolution in writing in accordance with Article 715 in conjunction with Article 712 BGB, and in the case of a bidding/service delivery consortium comprising two members through substantiation of the receipt of the written cancellation or written declaration of withdrawal by the member in question of the bidding/service delivery consortium.

1. The obligation to perform the present contract remains unaffected by the dissolution of the bidding/service delivery consortium. The original members of the bidding/service delivery consortium are jointly and severally liable for fulfilling these obligations in such an event, and also in the event of them ending their membership. Facts and events of legal consequence affect all members of the bidding/service delivery consortium jointly and severally (cf. Articles 422 - 425 BGB).
2. If the bidding/service delivery consortium is dissolved or if a member of the bidding/service delivery consortium. notifies GIZ that it has terminated its membership of the bidding/service delivery consortium or that the bidding/service delivery consortium has terminated its membership, GIZ is entitled on its part to terminate the present contract.

In the aforementioned cases it is the bidding/service delivery consortium’s obligation to provide grounds for termination.

……………………………………….. …………

(Date, name of authorized representative and member in text form (Article 126b BGB))

……………………………………….. ………………………………………………

Date, name of authorized representative and member Date, name of authorized representative and member

in text form (Article 126b BGB) in text form (Article 126b BGB)

(If there are any further members, please use a copy of this form)