OJ/S S73 14/04/2012 119695-2012-EN
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This notice in TED website: http://ted.europa.eu/udl?uri=TED:NOTICE:119695-2012:TEXT:EN:HTML
B-Diegem: surveillance and security systems and devices 2012/S 73-119695 Elia Asset NV/SA, Culliganlaan 1G, attn: Stephan Cappan, BELGIUM-1831Diegem. Tel. +32 25467699. E-mail: stephan.cappan@elia.be. Fax +32 25464078. (Supplement to the Official Journal of the European Union, 6.4.2012, 2012/S 68-112544)
RE: CPV:35120000 Surveillance and security systems and devices. Instead of: III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers: Information and formalities necessary for evaluating if the requirements are met: Following conditions will be used for the selection for participation and in case of more than 5 applicants, for the ranking of these applicants. Maximum 5 applicants will be selected. I.1. May be excluded from participating: a) the applicant who is bankrupt or is being wound up, whose affairs are being administered by the Court, who has entered into an arrangement with creditors, has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations, such as proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors; b) The applicant who has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata; c) The applicant who has been guilty of grave professional misconduct proven by any means which the contracting entity can demonstrate; d) The applicant who is guilty of serious misrepresentations in supplying the information herein required; e) The applicant who has not fulfilled his obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting entity; f) The applicant who has not fulfilled his obligations relating to the payment of direct and indirect taxes in accordance with the legal provisions of the country in which he is established or those of the country of the contracting entity; g) The applicant who can not provide a copy of the current insurance for civil liability. I.2. With regard to point a) the applicant is required to submit a certificate of non bankruptcy, of absence of any proceedings in order to obtain a declaration of bankruptcy and of absence of any similar situation or proceedings, issued by the registry of the Court of Commerce or by the competent authority in the Member State concerned. With regard to point b) the applicant is required to submit a recent certificate of good behavior and an extract from his “judicial record”. With regard to points e) and f) the applicant is required to submit a certificate issued by the competent authorityin the Member State concerned. With regard to c) and d) the applicant may provide evidence that he does not meet the condition as mentioned by means of a statement under oath – or, in member states where there is no provision for declarations on oath, by a solemn 14/04/2012 S73 http://ted.europa.eu/TED
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declaration made by the person concerned before a competent judicial or administrative authority, a public notary or a competent professional or trade organization in the member state concerned. In the event that one or more of the above mentioned documents or certificates required under points a, b, e, f would not be issued by the competent authorities in the Member State concerned, or in the event that some of the cases set out above would not be covered by these documents or certificates, they may be replaced by a statement under oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a public notary or a competent professional or trade organization in the member state concerned. In case of application by a joint venture, each separate partner is required to submit the above mentioned documents. In addition, a joint venture is required to submit a copy of the act of its establishment as well as of the proxies concerning representation. The contracting entity reserves the right to demand – at any time – from the applicant the written evidence as well as any justificatory official document relating to the legal position as specified above. The standard form for the oath is available on the Elia website: www.elia.be --> Purchases --> Documents purchasing (http://www.elia.be/repository/pages/d4156e0974da4885acd3129f033f4bf8.aspx). Read: III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers: Information and formalities necessary for evaluating if the requirements are met: Following conditions will be used for the selection for participation. I.1. May be excluded from participating: a) the applicant who is bankrupt or is being wound up, whose affairs are being administered by the Court, who has entered into an arrangement with creditors, has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations, such as proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors; b) The applicant who has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata; c) The applicant who has been guilty of grave professional misconduct proven by any means which the contracting entity can demonstrate; d) The applicant who is guilty of serious misrepresentations in supplying the information herein required; e) The applicant who has not fulfilled his obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting entity; f) The applicant who has not fulfilled his obligations relating to the payment of direct and indirect taxes in accordance with the legal provisions of the country in which he is established or those of the country of the contracting entity; g) The applicant who can not provide a copy of the current insurance for civil liability. I.2. With regard to point a) the applicant is required to submit a certificate of non bankruptcy, of absence of any proceedings in order to obtain a declaration of bankruptcy and of absence of any similar situation or proceedings, issued by the registry of the Court of Commerce or by the competent authority in the member state concerned. With regard to point b) the applicant is required to submit a recent certificate of good behavior and an extract from his “judicial record”. With regard to points e) and f) the applicant is required to submit a certificate issued by the competent authority in the Member State concerned. With regard to c) and d) the applicant may provide evidence that he does not meet the condition as mentioned by means of a statement under oath – or, in member states where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a public notary or a competent professional or trade organization in the member state concerned. 14/04/2012 S73 http://ted.europa.eu/TED
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In the event that one or more of the above mentioned documents or certificates required under points a, b, e, f would not be issued by the competent authorities in the member state concerned, or in the event that some of the cases set out above would not be covered by these documents or certificates, they may be replaced by a statement under oath or, in member states where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a public notary or a competent professional or trade organization in the member state concerned. In case of application by a joint venture, each separate partner is required to submit the above mentioned documents. In addition, a joint venture is required to submit a copy of the act of its establishment as well as of the proxies concerning representation. The contracting entity reserves the right to demand – at any time – from the applicant the written evidence as well as any justificatory official document relating to the legal position as specified above. The standard form for the oath is available on the Elia website: www.elia.be --> Purchases --> Documentspurchasing (http://www.elia.be/repository/pages/d4156e0974da4885acd3129f033f4bf8.aspx).
14/04/2012 S73 http://ted.europa.eu/TED
Member states - Supply contract - Additional information - Negotiated procedure Supplement to the Official Journal of the European Union
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