Bidder's self-certification [1]
in contract award procedure No. 26FEA87817 [2]
- I give my assurance that no insolvency proceedings or comparable legal proceedings have been initiated in respect of the company's assets, nor have any such proceedings been instituted, or rejected due to lack of assets.
- I declare that the company is not in liquidation.
- I declare that the company has
[ ] no entry
[ ] the following entry/entries
in the Central Trade Register.
In addition, I declare that, at present,
[ ] no proceedings
[ ] the following proceedings
are or were pending, which may result in an entry in the Central Trade Register.
- I give my assurance that the company has duly registered its trade and – if, under the regulations contained in the German Commercial Code (HGB), it is obliged to register – has been entered in the Commercial Register.
- Compliance with sanctions and embargoes
- To the best of my knowledge and belief and using the required diligence, I give my assurance in accordance with the national legal acts applicable that the company is not listed on any sanctions list under an EU-Directive or under other national, European or UN-embargo and trade-control regulations and is not subject to other economic sanctions. I give my assurance, in also considering the EU-Blocking Directive, that the company is not listed on any U.S. or British sanctions list nor is subject to other U.S. or British economic sanctions. Furthermore I give my assurance that the company is not owned directly or indirectly by a natural person or legal entity that is listed on one of the aforementioned sanctions lists or is subject to other economic sanctions.
- I give my assurance that I will perform the order without using goods or services sanctioned under the current sanctions, in particular under the financial sanctions, embargo measures and foreign trade regulations of the European Union and its member states, the United Nations, the USA, the United Kingdom and Switzerland.
- I give my assurance,
- that I am not a Russian citizen or a natural person established in Russia, or the company is not a legal person, organization or entity established in Russia,
- that a natural or legal person, entity or body covered by indent 1 does not directly or indirectly hold more than 50 percent of the shares in the Company,
- that I or my company do not act on behalf of or at the direction of any natural or legal person, entity or body referred to in indent 1.
- I give my assurance that natural or legal persons, organizations or institutions within the meaning of lit. c will not have a share of more than ten percent in the contract to be awarded, whether as a subcontractor, supplier or as a company within the scope of a suitability loan pursuant to § 47 SektVO.
- I give my assurance that the company has not breached any applicable environmental, social, or labor law obligations such as the provisions contained in Section 21 of the German Posted Workers Act, Section 98c of the German Residence Act, Section 19 of the German Minimum Wage Act, Section 21 of the German Act to Combat Clandestine Employment or § 22 Supply Chain Act, during the execution of public contracts.
- I give my assurance that the company has met its obligations to pay taxes and duties and to pay contributions to the statutory social insurance fund (health, long-term care, accident, pension, and unemployment insurance).
- Compliance with anti-trust regulations and prevention of corruption
- I declare that the company has not made any inadmissible, anti-competitive agreements in relation to the contract award or indeed in the previous three years. For the purpose of this certification, "inadmissible anti-competitive agreements" include, but are not limited to, violations of hardcore anti-trust restrictions within the meaning of Art. 101 of the Treaty on the Functioning of the European Union, Section 1 of the German Act Against Restraints of Competition (GWB) (price, bidding, quantity, quota, customer allocation and territorial agreements) and any other agreements with other companies that have as their object or effect the prevention, restriction or distortion of competition.
- I declare that the company is committed to unrestricted competition and to the prevention of corruption and has ensured that its corporate management is aware of the importance of complying with all applicable competition and anti-corruption laws.
- I declare that the company has not substantially or persistently underperformed with regard to material requirements during the execution of a previous contract or concession agreement with Deutsche Bahn AG or one of its affiliates under Section 15 et seq of the German Joint Stock Corporation Act (AktG).
- I declare
- that, as regards exclusion criteria within the meaning of Sections 123 et seq. GWB or suitability criteria within the meaning of Section 122 GWB, the company has not committed fraud nor withheld information, and
- that the company has always been able to provide the evidence required as regards Section 122 to 124 GWB.
- I declare that the company has not, at any point in a contract award procedure organized by Deutsche Bahn AG or one of its affiliates under Section 15 et seq AktG,
- attempted to influence the decision making in an inadmissible way,
- attempted to obtain confidential information that would enable it to gain inadmissible advantages in the contract award procedure, or
- provided misleading information that was able to or attempted to influence the award decision.
- I declare that the company
[ ] no gross misconduct
[ ] the following gross misconduct
which calls into question its reliability as a candidate or bidder (Section 124 (1) No. 3 GWB).
- I declare that I
[ ] am not aware
[ ] am aware, as follows
that
- a person, whose conduct is attributable to the company pursuant to Section 123 (3) GWB, has been issued with a final sentence for one of the offenses specified in Section 123 (1) Nos. 1 to 10
- a fine for the purposes of Section 30 of the German Administrative Offenses Act has been imposed upon the company with legally binding effect for one of the offences specified in Section 123 (1) Nos. 1 to 10
- I declare that, if the current versions of
- the German Posted Workers Act (AEntG),
- the German Minimum Wage Act (MiLoG),
- any other applicable federal or state regulations, and/or
- generally binding collectively agreed provisions on minimum wages
are applicable, as amended, the applicant's employees or the temporary workers employed by the applicant's company will be granted the minimum working conditions, including the minimum wage, that are prescribed with binding effect by the above-mentioned regulations.
- I declare that the company will transfer, in writing, the obligation arising out of No. 14 of this self-certification to any subcontractors engaged by it and/or to any employee leasing firm engaged by it or by a subcontractor, in each case with an obligation to transfer this on to additional subcontractors or employee leasing firms, and that evidence of this will be provided to the client upon request.
Representatives of companies based outside the national borders of the Federal Republic of Germany shall submit the above declarations in accordance with the legal provisions of the country in which the company is resident.
For bidding consortia, a separate self-certification must be submitted from each individual member.
A false certification submitted in the contract award procedure as a result of negligence or intentionally can
- result in the company's exclusion from the contract award procedure and from further company award procedures organized by the DB Group;
- entitle the client to terminate the contract without notice after its conclusion.
Name:
, ......................................................................
(Place, Date) (Signature[3])
- Only applies to commodity groups in the "low" requirement category and for "normal" and "high" commodity groups without valid supplier qualification ↑
- Insert number of contract award procedure ↑
- Electronic signature; advanced or qualified signature only if the contract award procedure expressly requires it. ↑