Description
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Qualification and Authorisation to Pursue the Professional Activity: Qualification and Authorisation to Pursue the Professional Activity shall first be met by providing a Registration in the Professional or Trade Register and a declaration of the absence of grounds for exclusion pursuant to 123 and 124 GWB. Proof of registration in the professional or trade register in accordance with the legal provisions of the State in which the candidate is established. In the event of non-registration: Proof of authorised professional activity by other means or a self-declaration as to why proof cannot be provided. The proof must not be older than 12 months at the time of the deadline for submitting requests to participate. In the case of a consortium of candidates, proof must be provided individually for each member of the consortium. The candidates shall submit a self-declaration on the grounds for exclusion pursuant to Sections 123, 124 of the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). The self-declaration is part of the 'Request to Participate’. In the event of failure to submit the selfdeclaration (i.e. the existence of a ground for exclusion), the following must be set out in a document prepared by the candidate (self-declaration to be prepared by the candidate): - the circumstances leading to the existence of the grounds for exclusion pursuant to Sections 123, 124 GWB (type of misconduct, time of the misconduct and the damage caused by the misconduct) - remedial actions taken in accordance with Section 126 GWB In addition, the candidate must provide a declaration that there are no additional grounds for exclusion beyond the misconduct outlined. In the case of a consortium of candidates, the self-declaration must be provided by the authorised representative of the consortium, stating that none of the consortium members have compulsory or discretionary grounds for exclusion. === Self-Declaration on EU-Sanctions against Russia: The candidate does not belong to the persons or companies referred to in Article 5(k)(1) of Council Regulation (EU) 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended by Article 1 no. 23 of Council Regulation (EU) 2022/576 of 8 April 2022, Art. 1 no. 12 of Council Regulation (EU) 2022/879 of 3 June 2022 and Art. 1 no. 15 of Council Regulation (EU) 2022/1269 of 21 July 2022 which have a connection to Russia within the meaning of the provision, a) through the candidate’s/consortium member’s Russian nationality or the candidate’s/consortium member’s establishment in Russia, b) through the involvement of a natural person or an undertaking to whom one of the criteria under point (a) applies, in the candidate/consortium member by owning an indirect or direct proprietary right amounting to more than 50%, c) through the candidate/consortium member acting on behalf of or at the direction of persons or undertakings to whom the criteria in points (a) and/or (b) apply. 2. The undertakings involved in the contract as subcontractors, suppliers or companies whose capacities are utilised in connection with providing the proof of eligibility, and which account for more than 10% of the contract value, also do not belong to the group of persons mentioned in the Regulation who have a connection to Russia within the meaning of the provision. 3. It is confirmed and guaranteed that, even during the contracting term, no subcontractors, suppliers or companies whose capacities are utilised in connection with providing the proof of eligibility, and on which more than 10% of the contract value depends, will be engaged. === Self-Declaration on General Funding Requirements: The H2Global mechanism is based on a subsidy granted by the German Federal Ministry of Economic Affairs and Climate Action ('Zuwendungsbescheid H2Global’, engl.: 'Grant Decision’). Therefore, neither the individual candidate nor, if applicable, any member of the consortium of candidates must have any legal or factual circumstances that contradict the general funding requirements of the Grant Decision. The candidate declares, that, without the funding from the H2Global mechanism, the construction of the production facility(ies) for the manufacturing of hydrogen and the derivatives covered by the contract as well as their operation during the term of the contract, would not be realised, - that neither the candidate nor, if applicable, a member of the consortium of candidates is an 'undertaking in difficulty’ within the meaning of point 20 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ. EU 2014/C 249/01) and Article 2 no. 18 of the General Block Exemption Regulation (Regulation (EU) No 651/2014), - that the candidate will immediately inform Hintco, if the candidate or, if applicable, a member of the consortium of candidates, files an application to the court for a declaration of bankruptcy, - that neither the candidate nor, if applicable, a member of the consortium of candidates is subject to any recovery order resulting from an earlier decision by the European Commission establishing the unlawfulness of aid and its incompatibility with the internal market, which has not been fully complied with within the required timeframe, - that the project will not receive any other state aid from the EU or third countries to cover the same costs that will be funded by the H2Global mechanism. - that neither the candidate nor, if applicable, a member of the consortium of candidates has taken the final investment decision for the project before submitting the request to participate. === Self-Declaration on the Anonymised Publication of Project Information The candidate consents to the publication by Hintco and the H2Global Foundation of the information from my 'Request to Participate’ and my bid as aggregated and anonymised market data.