SUBSTITUTE DECLARATION OF CERTIFICATION

Transcription

1 SUBSTITUTE DECLARATION OF CERTIFICATION Art. 46 of Italian Executive Order n. 445/00 LISTING IN THE COMPANIES REGISTER OF THE CHAMBER OF COMMERCE The undersigned born in/on... residing at.... as the (owner, legal representaitve, attorney-in-fact, agent, other) of the company... hereby that the company is duly listed in the COMPANIES REGISTER maintained by the Chamber of Commerce, Industry, Crafts and Agriculture of...as follows: registration number... and registration date... Taxpayer s ID No. / VAT No... address... current legal form... purpose of the company (for capital companies only) organized under an instrument dated... company s capital in euros... term of the company... legal representatives and other parties with the ability to commit the company as regards third parties: Last name/first name born in Last name/first name born in Last name/first name born in

2 Last name/first name born in Last name/first name born in (for partnerships only) list of the partners or, in the case of a ona-person company, name of the owner: Last name/first name born in Last name/first name born in Last name/first name born in that the company enjoys the full and free exercise of its rights, is not in a state of liquidation, bankruptcy or scheme of composition, is not engaged at this time in a procedure specified under the bankruptcy laws and that these procedures have not taken place in the last five years preceding the date of the call for tenders. This declaration indicates the information/dates listed in the Companies Register as of this date. Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are required by existing provisions for the purpose of the procedure for which they are requested, and will be used exclusively for that purpose.. (signature of the legal representative) A photocopy of a current identification document of the declarant is attached. 2/2

3 DECLARATION Quality Certification (Art. 47 of Italian Executive Order 445/00) The undersigned born in/on... residing in as the (owner, legal representative, attorney-in-fact, agent, other) of the company... hereby that the company he/she represents holds UNI EN ISO Certification 9001:2000 No.... issued by...(indicate certifying society) on... (date) and renewed on...(if there has been a renewal) Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and wil be used exclusively for that purpose. (signature of the legal representative) A photocopy of the valid identification document of the declarant(s) is attached.

4 Declaration substituting for the affidavit regarding the non-existence of the bases for exclusion (Art. 47 of Italian Executive Order 445/00) (Art. 38 of Italian Decree Law 163/2006 as amended, Art. 45 of Directive 2004/18/CE, Art. 41 of Italian Decree Law 1998/2006; Art. 44 of Italian Decree Law 286/1998) The undersigned born in/on... residing in... city... acting as (owner, legal representative, attorney-in-fact, agent, other) of the company... on behalf of the company and its legal representatives or directors, that a) they are not in a state of not in bankruptcy, mandatory liquidation, scheme of composition, and that no proceeding is under way against them involving the declaration of any one of these situations; b) that no proceeding is pending for the application of one of the preventive measures as set forth in Article 3 of Italian Law No of December 27, 1956, or one of the impediments provided by Article 10 of Italian Law No. 575 of May 31,1965; c) no final judgment has been issued, or any criminal conviction that has become irrevocable, or any decision imposing a sentence upon request pursuant to Article 444 of the Italian Code of Criminal Procedure, for grave crimes against the State or the Community involving professional ethics; d) they have not violated the ban on fiduciary registration as set forth in Article 17 of Italian Law No. 55 of March 19,1990; e) they have not committed any duly verified serious violations of the rules and standards involving safety and any other obligation arising from labor relationships, based on data in the possession of the Italian Oversight Office; f) they are not guilty of any gross negligence or bad faith in the performance of the services assigned by the contracting agency that is issuing the call for tenders; they have not committed any grave error in the exercise of their professional activity, as determined by any means of proof available to the contracting agency; g) they have not committed any definitively established serious breaches of their obligations relative to the payment of taxes and duties, in accordance with Italian law or the law of the State where they are established; h) that in the year preceding the date of publication of the call for tenders they did not make any false statements in connection with the requirements and relevant conditions for participating in the bidding process, as evidenced by data in the possession of the Italian Oversight Office; i) they have not committed any definitively established grave violations of the rules and standards in the matter of social security and welfare contributions, according to Italian law or to the laws ot the State where they are established; l) they are in compliance with the provisions set forth in Article 17 of Italian Law No. 68 of March 12,1999; m) no ban has been imposed as set forth in Article 9, par. 2, sub. c) of Italian Decree Law No. 231 of June 8, 2001, or other penalty that entails a ban on entering into a contract with the public administration, including the disqualification provisions provided by Article 36-bis, paragraph 1, of Italian Decree Law No. 223 of July 4, 2006, converted with amendments into Italian Law No. 248 of August 4, 2006; n) the authorities have not suspended or revoked the SOA affidavit for producing false documents or false statements arising from the criminal information (applicable only for work contract bids); o) that, in the last three years after publication of the bid notice for which the company is applying, even in the absence of a procedure for implementing a preventive measure or prohibitive cause referred to in point b), while having been victims of delicts punished under Articles 317 (crime of extortion) and 629 of the Criminal Code (criminal extortion) aggravated under Article 7 of Italian Law Decree of May 13, 1991,

5 No 152 amended by Italian Law 12 of July 1991, No 203 the company was not legally tried for not having denounced the facts to the court, unless it meets all the regulations covered by Article 4, first paragraph, of Italian Law of November 24, 1981, No 689.; p) that, with regard to other participants at the bid process, they does not find themselves in a state of control" as per Article 2359 of the Italian Civil Code or in any de facto relationship, if the situation of control or the relationship implies that the bids are the responsibility of a single decision-making company. FURTHER that with respect to the company and its legal representatives or directors: 1. The grounds for exclusion established in Article 45 (2-a to 2-g) of Directive 2004/18/EC do not exist; 2. The grounds for exclusion established in Article 41 of Legislative Decree No. 198 dated 11 April 2006 (Equal Opportunity Code for Men and Women) do not exist; 3. The grounds for exclusion established in Article 44 (11) of Legislative Decree No. 286 dated 25 July 1998 (provision governing immigration and regulations on the status of foreigners) do not exist; 4. No other situation that could lead to exclusion from the contract bid and/or incompetence to contract with a public agency exists. This statement is signed pursuant to Article 76 of Presidential Decree No. 445/00, in full awareness of the criminal liability that may be incurred in the event of false declaration or declaration containing data not in conformity with the truth, on [date] Information pursuant to Art. 13 of Legislative Decree No. 196/03: The foregoing information is required by current regulations for purposes of the procedure for which it is requested, and will be used exclusively for that purpose. (Signature of legal representative) NOTE: In the case of consortiums and temporary partnerships of companies already existing or to be created, this statement must be submitted by each partner or consortium member company. A photocopy of a currently valid identification document of the reporting party/parties must be attached.

6 DECLARATION Emersion of irregular labor (Art. 47 of Italian Executive Order 445/00) The undersigned... born in/on... residing in as the (owner, legal representative, attorney-in-fact, agent, other) of the company... hereby that the company of which he/she is the Legal Representative is not making use of individual plans of emersion of irregular labor pursuant to Art. 1, paragraph 14, of Italian Law. No. 266 of November 22, 2002, or that it did make use of individual plans of emersion of irregular labor, but that this period of emersion has concluded. Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on. Information pursuant to Art. 13 of Italian Decree Law 196/2003; The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and will be used exclusively for that purpose. (signature of the legal representative) A photocopy of the valid identification document of the declarant(s) is attached.

7 DECLARATION Art of the Italian Civil Code (Art. 47 of Italian Executive Order 445/00) The undersigned born in/on... residing in as the (owner, legal representative, attorney-in-fact, agent, other) of the company... hereby o not to be in a situation of control as per Article 2359 of the Italian Civil Code by any party to that proceeding; or o to be in a situation of control referred to in Article 2359 of the Italian Civil Code with the Company... also competing in the bid procedure, but having made their own offer. To this purpose, the company encloses - in a separate, sealed envelope - all the documents needed to prove that the situation of control did not affect the way in which offer is made. Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on Information pursuant to Art. 13 of Italian Decree Law 196/2003; The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and will be used exclusively for that purpose. (signature of the legal representative) A photocopy of the valid identification document of the declarant(s) is attached.

8 SUBSTITUTE D.U.R.C. DECLARATION Art. 46 of Italian Executive Order No. 445/00 The undersigned born in/on.. residing at.... as the (owner, legal representative, attorney-in-fact, agent, other) of the company... Registered office in...at... Operating offices at... at... Taxpayer s ID No./VAT No Applied CCNL... Hereby That the company is current for the purposes of the SOLE DOCUMENT OF COMPLIANCE WITH SOCIAL SECURITY PAYMENTS further that is listed with the INPS office in...under registration No... that it is insured at the INAIL offices in... under company code No... that is not engaged in any administrative/judicial dispute relative to failure to pay social security contributions. Pursuant to Article 76 of Italian Executive Order 445/00, on the understanding of the data, this declaration is signed on Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are required by existing provisions for the purpose of the procedure for which they are requested, and will be used exclusively for that purpose.. (signature of the legal representative) A photocopy of a current identification document of the declarant is attached.

9 DECLARATION OF TOTAL BILLINGS AND SPECIFIC BILLINGS The undersigned born in/on... residing in.. as the (owner, legal representative, attorney-in-fact, agent, other) of the company... hereby that the total billings for the last three business years were: US$... that the specific billings relative to the service/supply that is the object of the contract, were, for the last three business years: US$... Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on. Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and wil be used exclusively for that purpose. (signature of the legal representative) A photocopy of the valid identification document of the declarant(s) is attached.

10 LIST OF PRINCIPAL SERVICES The undersigned...born in/on... residing at... as the (owner, legal representative, attorney-in-fact agent, other) of the company... hereby. That in 2007the above company has provided services for Recipients of services Purpose of service Amount That in 2008 the above company has provided services for Recipients of services Purpose of service Amount

11 That in 2009 the above company has provided services for Recipients of services Purpose of service Amount Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and wil be used exclusively for that purpose. (signature of the legal representative) N.B. This declaration must be accompanied by a photocopy of a valid identification document of the declarant

12 DECLARATION FOR THE TEMPORARY GROUPING OF COMPANIES Art. 37 Italian Decree Law 163/2006 as amended. The undersigned...born in/on... residing at... city as the (owner, legal representative, attorney-in-fact, agent, other) of the company... and The undersigned...born in/on... residing at... as the (owner, legal representative, attorney-in-fact, agent, other) of the company... and The undersigned...born in/on... residing at... as the (owner, legal representative, attorney-in-fact, agent, other) of the company... and The undersigned...born in/on... residing at... as the (owner, legal representative, attorney-in-fact, agent, other) of the company... DECLARE that if they are the successful bidders, they shall comply with the provisions of Art. 37 of Italian Decree Law 163/2006 as amended, conferring special power-of-attorney as the lead firm upon..., that the latter will handle the portion of the service/supply relative to... (specifically detail the part of the service/supply

13 and that the firm.....will handle the part of the service/supply relative to. (specify in detail the part of the service/supply) and that The firm.....will handle the part of the service/supply relative to. (specify in detail the part of the service/supply) and that The firm.....will handle the part of the service/supply relative to. (specify in detail the part of the service/supply) and that The firm.....will handle the part of the service/supply relative to. (specify in detail the part of the service/supply) Pursuant to Article 76 of Italian Executive Order 445/00, and on the understanding of the data, this declaration is signed on. Information pursuant to Art. 13 of Italian Decree Law 196/2003: The data set forth above are prescribed by the existing provisions for the purpose of the procedure for which they are requested and wil be used exclusively for that purpose....(signature of the legal representative)...(signature of the legal representative)...(signature of the legal representative)...(signature of the legal representative) A photocopy of the valid identification document of the declarant(s) is attached.

14 DECLARATION ITALIAN TRADE COMMISSION 33 East 67th Street New York, NY Subject: The undersigned date of birth.. Street address position in company (owner, principal, legal representative, other company. with offices in Street Address Tax ID Number. tel.. fax declares that It authorizes the above fax number to be used as an official means of communication for all communications that the company requesting the bid offers will send through this means. or It does not authorize the above fax number to be used as an official means of communication for all communications that the company requesting the bid offers will send through this means and it recognizes, as official communication, only the transmission of official communications by way of registered letter with return receipt. Place..date. (Signature of Legal Representative) This declaration must be accompanied by the photocopy of a valid ID document belonging to the person who signs the declaration.