Förteckning och kortfattad beskrivning av villkoren
Suitability to pursue the professional activity
1.1 General
To proof the suitability to pursue the professional activity the applicant shall submit the following information and explanations as well as the required documents:
1.2 Covering letter and company information
The presentation of the applicant company or the member of the applicant consortium must include information on the locations, the customer and service portfolio as well as the size and an organization chart and - if applicable - information on the group structure must be submitted.
The company presentation is to be attached to Form Appendix 2 (L1_03.02).
1.3 Trade register
The applicant must submit proof of registration in the trade (commercial) register of the state in which the applicant is established. The extract from the Trade Register must not be older than six months at the time of expiry of the participation period.
If the applicant, the member of an applicant group or a third party (in the case of a suitability loan, is not listed in the Trade Register, proof of the permitted exercise of the profession in another way is sufficient.
For the member states of the European Union, the respective professional or trade registers and the certificates or declarations of professional practice are listed in Annex XI of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public ¬repealing Directive 2014/18/EC, OJ L 94 of 28 March 2014, p. 65.
The Form Appendix 5 (L1_03.05) is to be used for the verification.
1.4 Evidence Tax authority
A clearance certificate from the competent tax office or an equivalent certificate from the country of origin or the country from which the goods originate - confirming compliance with tax obligations - must be submitted.
The evidence to be submitted must not be older than six months at the time the participation period expires.
The clearance certificate is to be attached to Form Appendix 5 (L1_03.05).
1.5 Evidence Social insurance
Proof of payment of health insurance and pension insurance contributions from the social security institutions or equivalent certificates from the country of origin or the country from which the employee comes must be provided.
The evidence to be submitted must not be older than six months at the time the participation period expires.
The proof of payment is to be attached to Form Appendix 5 (L1_03.05).
1.6 Trade association
A clearance certificate (certificate of good standing) from the professional¬ association¬or an equivalent certificate from the country of origin or country of provenance must also be presented.
The evidence to be submitted must not be older than six months at the time the participation period expires.
The clearance certificate is to be attached to Form Appendix 5 (L1_03.05).
1.7 Bidding consortium
Application as a bidding consortium is permitted. A bidding consortium is treated like an individual applicant (Section 50 (2) sentence 1 SektVO). The bidding consortium must not violate Art. 101 TFEU and Section 1 GWB.
Documents to hand in:
1. Each member of the bidding consortium must fill in and submit all the details of the applicant (Form Appendix 2 L1_03.02).
2. The members of the bidding consortium have to name an authorized representative (joint completion of Form Appendix 3 L1_03.03). The authorized representative is available to the client in this award procedure as a contact person for the bidding consortium.
3. Conditions for proof of suitability
3a) Each member of a bidding consortium must individually prove their ability and permission to practice their profession (optionally with the form Appendix 5 L1_03.05).
3b) With regard to the requirements for economic and financial capacity, the bank declaration, the annual financial statements and the business report must be submitted individually by each member of the bidding consortium (using the Form Appendix 6 L1_03.06) and the requirements made in this respect must be proven by each member of the bidding consortium have to. In relation to the proof and the fulfillment of the requirements for the liability insurance as well as the total turnover and the specific turnover, however, it depends on the applicant community as a whole.
3c) The eligibility criteria for technical and professional ability basically depend on thebidding consortium as a whole. In this respect, each member of the bidding consortium only submits this to the extent that it applies to him (Forms Appendix 7 L1_03.07 and Excel Spredsheet Technical Criteria L1_03.07.01).
Evidence for required measures for certificates (DIN / ISO etc.) must be provided by each member of the bidding consortium as described.
3d) Each member of the bidding consortium must confirm that there are no reasons for exclusion in accordance with Sections 123 and 124 (Form Appendix 8 L1_03.08 must be completed and submitted).
3e) Each member of the bidding consortium has to complete und submit the "Declaration of confidentiality" (Form Appendix 9 L1_03.09).
1.8 Aptitude loan (borrowed capacity)
An applicant, also as bidding consortium, may make use of the capabilities of third parties (hereinafter: Suitability Lenders) to prove ist economic and financial as well as technical and professional performance capability.
Conditions for proof of suitability
A) Each Suitability Lender must complete Form Appendix 4 (L1_03.04) and submit it with the Applicants Request to Participate. In addition, the Suitability lender must prove its economic and financial capacity as well as its technical and professional capacity in accordance with the requirements of the EU Contract Notice using the forms provided by the contracting authority to the extent that the applicant or the ¬joint¬ venture invokes them.
B) Irrespective of this, the Suitability Lender must also individually and completely prove its qualification and permission to exercise the profession as well as the non-existence of the grounds mandatory and facultative exclusion criteria using the forms provided (Appendix 5 L1_03.05 and Appendix 8 L1_03.08.)
C) Furthermore, the Suitability Lender has to to complete und submit the "Declaration of confidentiality" (Form Appendix 9 L1_03.09).
Insofar as the economic and financial capacity is borrowed from the Suitability¬ Lender, the Suitability Lender shall be jointly liable with the applicant or the group of applicants for the execution of¬ the contract in accordance with the scope of the suitability loan.