Citrix licenses

The bidder must present with his offer a current proof of the correct registration of his trade in accordance with § 14 GewO. In particular:

• a business registration (for newly entered businesses),
• a business reregistration (for changes in the field of activity or the registered office),
• or an equivalent official proof that the bidder is entitled to perform the advertised services. The proof must not be older than 12 months from the date of issue and must cover the activity actually relevant for the provision of the service. If this proof is missing, is older than 12 months from the date of issue or the activity notified is not relevant, the suitability criterion shall be deemed not to be met.If the services are offered by a bidder/working group, the information must be explained for each member of the bidder/working group. If the applicant / bidder wishes to make use of third parties in the provision of services, the information must also be provided by third parties on request.

If the bidder is a legal person, he has to present with his request for participation / offer a current trade register extract or a proof corresponding to the legislation of his home country. The proof must meet the following requirements:

• The extract must not be older than 6 months from the date of issue.
• It must come from the competent register court or be presented as an official electronic printout from the commercial register portal.
• He must identify the actual authorized representatives of the bidder.
• For applicants / bidders who are not registered in the commercial register (e.g. small businesses), an equivalent proof of the company relationships must be submitted (e.g. business registration, list of shareholders, powers of attorney).If the business register extract is not submitted, is older than 6 months from the date of issue or contains information that does not meet the formal requirements for participation (e.g. lack of representative authority), the eligibility criterion is deemed not to be met. If the services are offered by a bidder/working group, the information must be explained for each member of the bidder/working group.If the applicant / bidder wishes to make use of third parties in the provision of services, the information must also be provided by third parties on request.

With the offer, the bidder must present a current certificate of safety from the collective social security fund responsible for him (e.g. SOKA-BAU, ULAK, ZVK or a comparable institution). This explains that the corresponding contributions (payment of taxes, duties and contributions to the statutory social security) were paid. The certificate must meet the following requirements:

• It must not be older than 6 months.
• It must confirm that there is no arrears of contributions or that all collective social security contributions have been properly paid.
• It must be issued by the social security fund responsible for the operation. Undertakings not covered by a collective social security contribution obligation must provide equivalent proof that they are not required to contribute (e.g. written confirmation of the social security contribution or a comprehensible self-declaration with justification).If the certificate is not submitted, is older than 6 months from the date of issue or shows significant arrears of contributions, the eligibility criterion shall be deemed not to be met. The tenderer shall produce a certificate in tax matters. The certificate must meet the following requirements:
• It must not be older than 12 months.
• It must confirm that there are no tax arrears or that tax obligations are properly fulfilled.
• It must be issued by the tax office responsible for the company.
• Equivalent evidence from other competent authorities is accepted, provided that it contains the same information. If this certificate is not presented or if it shows significant fiscal arrears, the eligibility criterion shall be deemed not to be met. If the tenderer is obliged to become a member of a professional association, he must present with his offer a corresponding current certificate of safety of the professional association responsible for him. The certificate must meet the following requirements:
• It must not be older than 12 months.
• It must confirm that there are no arrears of contributions and that the company is properly fulfilling its statutory accident insurance obligations.
• It must be issued by the competent professional association (e.g. BG Bau, BG Verkehr, BG Energie Textil Elektro Medienerzeugnisse, etc.). Companies that are not subject to the statutory accident insurance obligation must provide an equivalent proof that there is no membership obligation (e.g. written confirmation of BG or comprehensible self-declaration with justification).If the certificate is not submitted, it is older than 12 months from the date of issue or it shows significant arrears of contributions, the selection criterion shall be deemed not to be met. If the services are offered by a bidder/working group, the information must be explained for each member of the bidder/working group.If the applicant / bidder wishes to make use of third parties in the provision of services, the information must also be provided by third parties on request.

The tenderer must complete the form 124 LD self-declaration of eligibility with the offer and submit it in a legally binding signed form. The self-declaration must meet the following requirements:

• It must be fully completed and contain all the required information on professional, economic and legal capacity.
• It must bear a legally binding signature of the authorised company representative.
• It must confirm the absence of grounds for exclusion according to §§ 123, 124 GWB.
• It must declare compliance with tax, social security and professional cooperative obligations.
• it must contain information on references, turnovers, employment figures or other required criteria of suitability, as provided for in the form;
• If the client allows the later proof by prequalified companies, the PQ number can alternatively be specified.Addition: The statement that no serious misconduct was demonstrably committed is signed by the declaration of the applicant in the form 124 LD self-declaration on the suitability of delivery/services, that no exclusion grounds according to §§ 123, 124 GWB and § 19 MiLoG are justified by the person or the behavior of the applicant or persons attributable to the applicant.Note: § 124 GWB also contains the information on insolvency proceedings and liquidation. If the form is not submitted, incompletely completed or incorrectly signed, the selection criterion shall be deemed not to be met. If the services are offered by a bidder/working group, the information must be explained for each member of the bidder/working group.If the applicant / bidder wishes to make use of third parties in the provision of services, the information must also be provided by third parties on request.

The statement of the tenderer that he is not subject to the conditions laid down in Article 5 k(1) of Regulation (EU) No 833/2014 as amended by the art. 1 point. 23 of Council Regulation (EU) 2022/576 of 8 March 2022. April 2022 (sanctions VO) mentioned companies or persons with a Russian connection. If the bidder belongs to a group of undertakings, the bidder must declare that this is not the case for the related undertakings.

If this self-declaration is absent or if the company declares that it belongs to the above-mentioned regulation, this eligibility criterion is not met. If the services are offered by a bidder/working group, the information must be explained for each member of the bidder/working group. If the applicant / bidder wishes to make use of third parties in the provision of services, the information must also be provided by third parties on request.