EN03_Tender_Documents_for_Tenderer.pdf

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Application to Participate

Measure: Delivery of Catenary systems for high throughput P8.3

Code number: 425.2026.9347669 (EKG/Year/GV)

With reference to the award procedure described above, we hereby submit our application and have compiled the necessary information and documents in accordance with the enclosed Suitability Form.

1. Accuracy of the Information

We hereby submit our assurance that the above information is correct. We are aware that a false declaration may result in exclusion from the further award procedure and, if applicable, from further contract awards.

Place, Date Name of the person(s) authorised to sign

Please indicate contact person for any queries:

First and Last Name: _______________________________

phone: __________________________________________

mail:____________________________________________

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Declarations/Verifications Overview

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Suitability Form

Measure: Catenary systems for high throughput P8.3

Code number: 425.2026.9347669 (EKG/year/GV)

As proof of suitability, the information required by the contracting authority must be provided. The contracting authority reserves the right to verify the accuracy of the information provided here.

In the event of an application to participate/tender by a bidding consortium, the information submitted to prove suitability must be provided by each member of the bidding consortium. When suitability is assessed, the information provided by the individual members of the bidding consortium is evaluated cumulatively.

If a tenderer relies on the capacities of other undertakings to prove its suitability, the information submitted to prove suitability must also be provided by the other undertaking/undertakings cited by the tenderer.

In the case of an invitation to tender conducted electronically, the contracting authority reserves the right to subsequently ask for the original declarations that were not submitted as the original. The tenderer therefore retains all declarations for a period of one year.

I. Pre-Qualification I am/we are pre-qualified and have been entered in the Pre-Qualification Registry under Pre-Qualification Registry: _________________________ Certificate number: _________________________ Passcode: _________________________

No further proof is then required here of the Verifications of Suitability that have been stored in the Pre-Qualification Registry.

II. Ability to exercise the profession, including requirements regarding entry in a professional or commercial register

1. Specific self-declarations on the grounds for exclusion pursuant to Sections 123, 124 of the ARC

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We hereby declare that none of the mandatory grounds for exclusion pursuant to Section 123 ARC exist: Yes No If No: verifications pursuant to Section 123 4 2 ARC respectively verifications of self-cleansing pursuant to Section 125 ARC are enclosed.

We hereby declare that none of the optional grounds for exclusion pursuant to Section 124 ARC exist: Yes No, the following reason for exclusion exists:

If No: verifications of self-cleansing pursuant to Section 125 ARC are enclosed.

We hereby provide the following evidence of self-cleansing pursuant to Section 125 ARC:

Circumstances according to proof according to Section 123 4 2 ARC respectively proof ARC of self-cleansing according to Section 125 ARC (Explanatory notes and supporting documents in a separate attachment)

The contracting authority assesses the self-cleansing measures taken by the tenderer and informs it whether they are sufficient. If no adequate self-cleaning measures have been taken, Section 126 ARC applies.

2. Entry in a Professional or Commercial Register Proof of registration in the Commercial Register: Current excerpt from the Commercial Register or a copy thereof (the excerpt must not be older than three months at the time of the deadline) or a comparable document. Foreign tenderers can prove their registration in the respective professional or commercial register of their country of domicile by submitting corresponding documents in accordance with the local provisions.

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III. Re: Section III.1.2) of the contract notice: Economic and financial ability

1. Total turnover

Statement of the total turnover in euros (net) of the undertaking over the last three completed financial years, i.e. for the financial years which were completed in the years 2023, 2024, 2025, is to be submitted. If available.

IV. Technical and Professional Capacity

2. Information on Assigned Personnel: Specification of the personnel to be assigned to the tendered services:

Welder- Name First Name Position Certification

V. Other declarations

1. Declaration on the Working Language We hereby declare that, during the on-site implementation of the project (construction work at the site), at least one member of staff is proficient in German.

2. Declarations DSGVO/ Electronic Invoicing We hereby declare that we have read the Consent to the General Data Protection Regulation (GDPR) upon Conclusion of the Contract and the Declaration of Consent to Electronic Invoicing in accordance with Section 14 (1), sentence 7 of the German VAT Act.

3. Self-Declaration on Compliance with the ILO Core Labour Standards I hereby declare that the following social standards, which are aligned on the core labour standards of the International Labour Organization (ILO), will be complied with in the company:

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• Freedom of association and protection of the right of association The employees have the right to form organisations of their own choice without prior authorisation and to join such organisations if they comply with their statutes. Employee organisations have the right to adopt statutes and rules of procedure, freely elect their representatives, regulate their management and activities and draw up their programme themselves. • Right to organise and collective bargaining The employees are appropriately protected against any discriminative practices that are contrary to the freedom of association in connection with their employment. This protection is afforded in particular with respect to acts that are aimed at a) making the employment of an employee conditional on his or her not joining or leaving a trade union, b) dismissing or otherwise discriminating against an employee because he or she belongs to a trade union or because he or she is engaged in trade union activities outside working hours or with the employer's consent during working hours.

• Equal pay for men and women for performing equivalent work The application of the principle of equal pay for male and female employees for the performance of equivalent work is promoted insofar as this is possible according to the legislation, legally established or recognised wage-setting bodies, collective agreements between employers and employees or a combination of these various means.

• Discrimination in employment and occupation We avoid any distinction, exclusion or preferential treatment that is based on race, skin colour, gender, religious affiliation, political opinion, national origin or social background which could lead to the elimination or impairment of the equality of opportunities or treatment in employment or occupation. • Minimum age for admission to employment (child labour) Individuals are only employed from an age at which the full physical and mental development of young people is ensured. We comply with the minimum age for admission to employment or work which, by its nature or the circumstances under which it is carried out, is likely to be dangerous to the life, health or morals of young people.

Minors between the ages of 13 and 15 are only employed if the person in charge of the custody has submitted his or her consent. In such situations the children may only perform light forms of employment which is suitable for children. Children are not employed for more than two hours a day, on family farms for not more than three hours a day, not between 6 p.m. and 8 a.m., not before attending school and not during school lessons. • No forced labour The employment is voluntary. The personal freedom of movement of employees is not restricted by any arrangements or measures whatsoever.

Note: The full version of the ILO core labour standards is available on the Internet at http://www.ilo.org

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4. Self-Declaration according to Section 19, para. 3 of the Minimum Wage Act (MiLoG)

I/we hereby declare that the pre-conditions for exclusion according to Section 19, para. 1 of the Minimum Wage Act (MiLoG) do not apply.

I/We acknowledge that also in the case of the above declaration, contracting authorities may at any time request additional information from the Central Commercial Register pursuant to Section 150a of the currently valid version of the German Industrial Code.

Place, Date Name of the person(s) authorised to sign

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Profile of the Firm / Company Only for informational purposes!

• Following the conclusion of an award procedure and the award of the contract to a bidder, the contracting authority, as the contracting authority, is obliged to publish a notice of the awarded contract in the Supplement to the Official Journal of the EU. In this context, however, it is now mandatory to state the nationality of the natural person who is the beneficial owner of the company (within the meaning of Section 3 of the German Money Laundering Act) that has been awarded the contract, according to the entry in the register set up in accordance with anti-money laundering legislation (in Germany, the transparency register).

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Self-declaration

(to be completed by

Status April 2022 all applicants / bidders / all members of applicant or bidder consortia)

Designation of the award procedure / contract: Contracting authority´s reference No.: Applicants / Bidders:

I/we hereby make the following binding declaration (if applicable, also on behalf of the represented persons according to the participation application/offer):

1. The applicant(s)/bidder(s) does (do) not fall under any of the categories of persons or companies 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,

having a connection with Russia within the meaning of the provision,

a) through the Russian citizenship of the applicant(s)/bidder(s) or the establishment of the applicant(s)/bidder(s) in Russia,

b) through participation in the applicant(s)/bidder(s) of a natural person or company fulfilling one of the criteria referred to in point (a) through a shareholding exceeding 50 %,

c) by acting on behalf of or on the instructions of persons or companies that fulfil the criteria set forth in ponits (a) and/or (b).

2. The companies participating in the contract as subcontractors or suppliers or as companies whose capacities are used in connection with the provision of the certificate of suitability that account for more than 10% of the contract value also do not fall under any of the categories of persons having a connection with Russia referred to in the aforementioned EU Regulation.

3. It is confirmed and will be ensured that throughout the term of the contract no companies having a connection with Russia within the meaning of the aforementioned EU Regulation will account for more than 10% of the contract value, whether as subcontractors or suppliers or as companies whose capacities are used in connection with the provision of the certificate of suitability.

In case of any dispute, the German original shall prevail.

Signature / digital signature

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Article 5k of Regulation (EU) No. 833/2014, as amended by Article 1 item 23 of Council

Regulation (EU) 2022/576 of 8 April 2022, reads as follows:

Article 5k

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 authorise 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 organisations in Russia enjoying immunities in accordance with international law;

Status April 2022

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(e)

the purchase, import or transport of natural gas and oil, including refined petroleum products, as well as titanium, aluminium, 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 authorisations granted under this Article within two weeks of the authorisation. 4. The prohibitions in paragraph 1 shall not apply to the execution until 10 October 2022 of contracts concluded before 9 April 2022.

Status April 2022

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Declaration by the Bidding Consortium

☐ It is not the offer of a bidding consortium.

Or:

we, the members of a bidding consortium listed below, Executive member Member 2: Member 3: Member 4:

will form a consortium in the event that an order is placed. We hereby declare that  the executive member referred to above represents the bidding consortium in a legally binding manner with respect to the contracting authority; this includes declarations in the award pro- cedure,  the executive member is entitled to accept payments with unlimited effect for each member and  all members are jointly and severally liable for the fulfilment of the contract.

Furthermore, all of the above members of the above bidding consortium declare that for the reasons set out below, the formation of the bidding consortium does not constitute a breach of Art. 101 of the TFEU / Section 1 of the ARC and that we have not concluded any anti-competitive agreement in this respect:

Executive member

Place, Date Name of the person(s) authorised to sign

Member 2

Place, Date Name of the person(s) authorised to sign

Member 3

Place, Date Name of the person(s) authorised to sign

Member 4

Place, Date Name of the person(s) authorised to sign

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Declaration of Commitment Subcontractors and Undertakings providing

Resources in order to Ensure Suitability

☐ At the time of submission of the offer, it is not intended to utilise the services of subcontractors or companies lending suitability.

Or:

We, (Name of the subcontractor / affiliated company / third party)

undertake in the event of the award of the contract to

(Name of the tenderer)

to provide / make available the services / resources listed below to the tenderer for the above measure in the event of the contract being awarded and confirm that the specified means are available to us for the contractually agreed provision of services:

Range of Services Description of the Service

☐ The tenderer makes use of the professional and technical ability of our company. ☐ The tenderer makes use of the economic and financial ability of our company. ☐ In the event of the corresponding provision of resources in order to ensure the suitability of the tenderer, we undertake to be jointly and severally liable together with the above- mentioned tenderer for the execution of the order.

Place, Date Name of the person(s) authorised to sign