Lieferung und Installation einer Heißisostatischen Presse (HIP) inklusive Wartung

Absence of Grounds for Exclusion pursuant to Sections 123, 124 GWB. A self-declaration that no person whose conduct is imputable to the tenderer"s undertaking pursuant to Section 123 para. 3 GWB has been convicted by a final judgment or a final administrative fine has been issued against the undertaking under Section 30 of the German Administrative Offences Act (in German: Gesetz über Ordnungswidrigkeiten - "OWiG") for a criminal offence specified under Section 123 para. 1 GWB: - Section 129 of the German Criminal Code [Strafgesetzbuch] (forming crim-inal organisations), Section 129a of the German Criminal Code (forming terrorist organisations) or Section 129b of the German Criminal Code (for-eign criminal and terrorist organisations); - 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 re-sources 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; - Section 261 of the German Criminal Code (money laundering); - 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; - 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; - Section 299 of the German Criminal Code (taking and giving bribes in commercial practice), Sections 299a and 299b of the German Criminal Code (taking and giving bribes in the health sector); - Section 108e of the German Criminal Code (taking of bribes by and giving of bribes to elected officials); - Sections 333 and 334 of the German Criminal Code (granting benefits and giving bribes), each also in conjunction with Section 335a of the German Criminal Code (foreign and international officials); - Article 2 Section 2 of the German Act on Combating International Bribery [Gesetz zur Bekämpfung internationaler Bestechung] (Bribery of Foreign Public Officials in International Business Transactions) or - Sections 232, 232a (1) to (5), Sections 232b to 233a of the German Crimi-nal Code (human trafficking, forced prostitution, forced labour, exploitation of labour, exploitation involving deprivation of liberty). The conduct of a person convicted by final judgement shall be imputable to an undertaking if that person has acted as the person responsible for the management of the undertaking; this also includes supervision of man-agement or the exercise of control in another manner in a managerial posi-tion (cf. Section 123 para. 3 GWB). According to Section 123 para. 2 GWB, a conviction or the issuance of an administrative fine under the comparable provisions of other countries are the equivalent of a conviction or the issuance of an administrative fine within the meaning of Section 123 para. 1 GWB. A self-declaration that the tenderer has fulfilled its obligation to pay taxes, charges and social security contributions (cf. Section 123 para 4 GWB). A self-declaration that none of the facultative grounds for exclusion listed in Section 124 para 1 No 1 - 4, 7 GWB applies: 1. the undertaking has demonstrably breached applicable environmental, social or labour obligations in carrying out public contracts; 2. the undertaking is insolvent, an insolvency proceeding or a comparable proceeding over the assets of the undertaking has been filed or opened, the opening of such a proceeding has been denied for lack of assets, the undertaking is in liquidation proceedings or has ceased to do business; 3. the undertaking has demonstrably committed grave professional misconduct which renders its integrity questionable; Section 123(3) shall apply mutatis mutandis; 4. the Contracting Authority has sufficient indications that the undertaking has concluded agreements with other undertakings or engaged in concerted practices which have as their object or effect, the prevention, restriction or distortion of competition; 7. the undertaking has produced significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract or concession contract which led to an early termination, damages or other comparable sanctions. The Contracting Authority may request the tenderer, in accordance with the principles of transparency and equal treatment, to complete, send on or correct any incomplete, missing or incorrect business-related documents, particularly self declarations, statements, certificates or other means of proof, or to complete or send on any incomplete or missing documents related to the performance (cf. Section 56 para 2 VgV). Follow-up requests for performance-related documents concerning the economic evaluation of the tenders using the award criteria are excluded. This shall not apply to pricing, provided only non-essential individual entries are involved, the individual prices of which do not change the overall price or adversely affect the evaluation sequence and the competition (cf. Section 56 para 3 VgV). Please note that tenderers have no legal entitlement to a subsequent request!