Fish Product Board Fish Product Board Own Declaration pertaining to a public procedure ( blue fields by the Tenderer or candidate) Own Declaration in respect of exclusion and suitability criteria pertaining to specifications <<47/AH/SM Juvenile eel>> Juvenile eel purchase 2012 Place of implementation: Designated locations in the Netherlands (to be determined) Type of order: Supply Tendering procedure: European tender in accordance with the public procedure Contracting Authority: Fish Product Board in Rijswijk Date and time of tender: 22-02-2012 at 12.00 This completed and signed Own Declaration, with the required numbered Annexes, must be added to the other tender documents and must be submitted to the following address as a single copy by the deadline for receiving the tenders: Address: Name: Fish Product Board F.a.o.: A. Heinen, Address: Treubstraat 17, Town: Rijswijk Postal address: Name: Fish Product Board F.a.o.: A. Heinen, Address: Postbus 72, Town: 2280 AB Rijswijk Assessing the suitability of the tenderer will find place according the criteria stated in the Announcement of an order of 11th of January 2012. Fish Product Board Instructions for completing and submitting this Own Declaration This Own Declaration (the original) must be completed in full. If you tender in combination with others, each consortium member must submit a completed copy of this Declaration. A copy of this Own Declaration may be used for that purpose. The text of this Own Declaration may not be typed over, supplemented or amended. If the Own Declaration does not have enough room for answers, please note those on separate Annexes. Where this is indicated on this Own Declaration, separate Annexes must be added. If it says ‘following such a request’, you only need to submit the relevant details after the Contracting Authority has sent you a written request to that effect. Such a submission must take place within the (reasonable) term included in the request. Annexes must be given the question number from this Own Declaration. If you tender making use of subcontractors (question 1 sub i), every subcontractor must complete questions 1, 2 and 3 in this Own Declaration, sign it and submit it together with this Own Declaration. In the case of subcontracting, making use of a copy of questions 1, 2 and 3 of this Own Declaration is permitted where necessary. The completed Own Declaration, including the numbered Annexes, must be received as part of the tender at the deadline for receiving tenders at the postal address included in the notice. If the Own Declaration is enclosed in a separate envelope, it must state clearly that this pertains to this procedure. You bear the risk for the proper and timely arrival of the Own Declaration. Questions or Comments Questions following the activities to be carried out, the Own Declaration and any regulations that are referred to, etc may be submitted in the manner described in Section VI.3 of the notice. If you have more general questions or comments about the tendering policy of the Contracting Authority, or if you believe that you are or have been treated incorrectly in any tendering procedure of the Contracting Authority, or if your questions have not been answered properly, please contact the Contracting Authority referred to in Section I.1 of the notice. Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 1 Fish Product Board 1 General questions Question Answer Name of the business name Business address: address, postcode and town Postal address: PO box number Postcode and town: postcode town Country: country of official address Telephone number: number Fax number: number VAT registration number Name of the representative who is authorised to complete the form on behalf of the business: name Business address: address, postcode and town Postal address: PO Box number Postcode and town: postcode town Country: country of official address Telephone number: number Fax number: number c. Legal form of the business: BV / CV/ NV / VOF / other d. The trade name or trade names the business uses or has used: name e. Registration number with the Register of Companies or a comparable registration in the country of the official address: number; place of registration Are there natural persons or legal entities who, insofar as applicable, manage or have managed the business directly or indirectly: yes / no Are there natural persons or legal entities who, insofar as applicable, control or have controlled the business directly or indirectly: yes / no Are there natural persons or legal entities who provide or have provided equity to the company directly or indirectly: yes / no If applicable, to which businesses will part of the order be subcontracted, insofar as the value of that part of the order is equal to or higher than the threshold value that applies to the activities yes / no j. Please state how this business is financed: Method of financing k. Person who is duly authorised to take decisions on behalf of the business in relation to this order: name and initials Business address: address, postcode and town Postal address: PO Box number Postcode and town: postcode town Contact person for the business: name and initials Telephone number: number E-mail address contact person: e-mail address a. b. f. g. h. i. l. Juvenile eel purchase 2012 Submit following a request: A copy of the proof of registration. If yes, please list: name, address, postcode and town If yes, please list: name, address, postcode and town If yes, please list: name, address, postcode and town If yes, please list: name natural person or legal entity, address, postcode and town Own Declaration Public Procedure Version no 02-2006 page 2 Fish Product Board 2. Exclusion criteria The declarations required under question 2 may not be older than 6 months at the time of submission. The business guarantees that this declaration matches the actual situation of the business at the time of submission. Question 2.0 Answer Annex Exclusion criteria regarding participating in a criminal organisation, bribery, fraud or money laundering Has a final judgement1 been pronounced against the business for one or more of the following reasons: - - Membership of a criminal organisation in the sense of Article 2.1 of Joint Action 98/773/JBZ of the Council? Bribery in the sense of Article 3 of the decision of the Council of 26 May 1997, or Article 3.1 of Joint Action 98/742/JBZ of the Council, respectively? Fraud in the sense of Article 1 of the agreement regarding the protection of financial interests of the Community? Money laundering in the sense of Article 1 of Directive no 91/308/EEC of the Council of 10 June 1991 to prevent the use of the financial system for money laundering? yes / no yes / no yes / no yes / no If yes, please state the offence, the penalty or measure imposed and what the business did to prevent a reoccurrence. Submit following a request: A Certificate of Good Behaviour for the business or a decision in which the issue of that Certificate is refused or a similar declaration or decision from the country of origin that is not older than 6 months. 2.1 Exclusion criteria that could provide cause for exclusion a. Is the business in a state of bankruptcy or being wound up, or has the business suspended its activities, or is it subject to a moratorium or payments or an arrangement with its creditors, or is the business in a similar position by virtue of a similar procedure in the legislation or regulations that are applicable to it? yes / no If yes, please note the relevant situation Submit following a request: A declaration from the clerk of the Court or a similar declaration from the country of origin that is not older than 6 months. b. Has bankruptcy or the liquidation of the business been petitioned or are there pending proceedings for a moratorium on payments or an arrangement with creditors or other similar procedures that occur in the legislation or regulations applicable to it? yes / no If yes, please note the relevant situation Submit following a request: A declaration from the clerk of the Court or a similar declaration from the country of origin that is not older than 6 months. c. Has a court judgement, no longer open to appeal, been given against the business in accordance with legislation or regulations applicable to it, which ascertained an offence concerning professional conduct? yes / no If yes, please state the offence, the penalty or measure imposed and what the business did to prevent a reoccurrence. Submit following a request: A Certificate of good Behaviour for the business or the decision in which the issue of that Certificate is refused or a similar declaration or decision from the country of origin that is not older than 6 months. d. Has the business been guilty of grave professional misconduct? yes / no If yes, please state the offence, the penalty or measure imposed and what the business did to prevent a reoccurrence. e. Has the business fulfilled its obligations regarding payment of social-security contributions in accordance with the statutory provisions of its country of domicile or the Netherlands? yes / no If no, please note any pending payment obligations Submit following a request: A declaration from the tax receiver under whom the tenderer resorts or a similar declaration from the country of origin that is not older than 6 months. 1 For the Netherlands: A conviction pronounced on the basis of Section 140, 177, 177a, 178, 225, 226, 227, 227a, 227b or 323a, 328ter, second subsection, 416, 417, 417bis, 420bis, 420ter or 420quater of the Criminal Code. Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 3 Fish Product Board Question Answer f. Has the business fulfilled its obligations regarding payment of taxes in accordance with the statutory provisions of its country of domicile or the Netherlands? yes / no If no, please state any pending payment obligations Submit following a request: A declaration from the tax receiver under whom the tenderer resorts or a similar declaration from the country of origin that is not older than 6 months. g. Has the business been guilty to a serious degree of making false statements in the provision of information that may be required by virtue of tendering procedures or did the business not provide that information? yes / no If yes, please state the offence, the penalty or measure imposed and what the business did to prevent a reoccurrence. 3. Financial and economic capacity You are requested to provide information as per the end of the last financial year. If major changes have occured since the end of the financial year, you must note those too. Question Answer a. Please state the last closed financial year of the business Technical and organisational criteria Question Annex <<year>> Answer Are you able to submit a list of references for 3 projects that demonstrate that your business has undertaken projects of a similar quantity or scope during the last 3 years and completed them in time? Annex yes / no Minimum requirement for this order: Proven experience in supplying juvenile eels in good condition. For new facilities, One recommendation from a member of the WGEEL of the ICES/EIFAC. Annex Add overview as an Annex. Provide a list of references in accordance with the model from Annex 1 to this Own Declaration. Submit following a request: Project documentation. Has your facility been accredited by the Sustainable Eel Group? Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 4 Fish Product Board Signing the Own Declaration The undersigned declares that all questions and Annexes have been answered fully and truthfully and that the information provided in this questionnaire matches the reality and is accurate and complete. The Undersigned is aware of and agrees that the Contracting Authority may verify or have verified the Own Declaration and the submitted proof and Appendices by the Public Administration Probity Screening Agency (hereinafter referred to as Bureau BIBOB). If the Contracting Authority wishes to proceed with verification of the data, the Undersigned shall grant his cooperation. The Undersigned shall also grant his cooperation to an investigation into the ‘origin of means’ to be carried out by the Contracting Authority or by Bureau BIBOB on its behalf. Thus truthfully completed on day month year in town by, name and initials, position duly representing business Signature: Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 5 Fish Product Board Annex 1 Model for stating a reference project for the benefit of Juvenile eel purchase 2012 Name project: project name Description of activities: description Time and place of implementation: Period: description Place of implementation: geographic designation Size of the project (construction costs): € amount (excl. VAT) Name of client: name, address, town, telephone number. Project carried out as lead contractor: yes / no The actual activities carried out by your business in a consortium: description of the activities, the percentage and the name of the consortium members Supplementary documentation/information: yes / no Description of nature and number: description and number Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 6 Fish Product Board Director’s declaration regarding lawfulness of tendering for Juvenile eel purchase 2012 The undersigned declares that this tender was not created under the influence of an agreement, decision or behaviour in breach of Dutch or European competition law. Thus truthfully completed on day month year in town by, name and initials, as Director of position who duly represents in the matter of this tender. Signature: Complete and sign this ‘Director’s declaration on lawfulness of tender’ and add it to the tender form. The tenderer bears the risk of presence of this declaration with the tender form. Juvenile eel purchase 2012 Own Declaration Public Procedure Version no 02-2006 page 7
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