Eligibility Declaration
The Undersigned _________________ as Legal Representative of the Company _________________ as appears from the document (Registry of the Chamber of Commerce and/or other equivalent document attached to this declaration) declares that:
a) the company has the business skills, the financial resources, the organization and the instruments needed to perform its activities;
b) the company is not insolvent towards its creditors, nor is subject to bankruptcy, liquidation, receivership arrangement with creditors or any other equivalent situation, according to the Laws of the Country where is located;
c) the company is not subject to a pending proceeding for the above reasons or its activity is not suspended;
d) the company and the persons covering the function of representation, management and/or direction of the company have not so far been involved in or convicted for the commission of bribery crimes and/or tax crimes and/or unlawful tax practices whatsoever and/or corporate crimes;
e) a Court has not issued a final ruling finding the Directors representing the company guilty or issued a criminal decree of conviction which cannot be further appealed for serious offences against the State or the Community and regarding the professional morality and that none of the above mentioned subjects was found guilty, with a final ruling, of one or more crimes related to the participation to a criminal organization, bribery, fraud, money laundering;
f) the company, during its activity, did not incur in severe mistakes in the execution of the entrusted activities;
g) the company complies with the legal and contract requirements regarding the working relationships with its employees and enforces, respect to them, the policy and economic conditions set forth by the labour contract of its industry;
h) the company complies with the duties connected with the payment of social, welfare and insurance contributions in favour of the employees and did not commit serious offences - duly assessed - to the rules governing safety and environment protection and whatsoever other obligation deriving from the labour relationship, according to the Laws of the Country where it is located;
i) the company complies with the duties related to the tax and revenue declaration and with the consequential obligations, according to the Laws of the Country where is located;
j) the company endorses specific ethical-social duties (i.e. measures ensuring that the fundamental rights of the workers are respected, as well as the equal treatment and non discrimination, the child labour protection, etc.) and agrees to be subject of inspection in its operative premises, in order to assess the fulfilment of those requirements.
The company is also aware that:
• CESI S.p.A. adopted an Ethical Code and an Organizational Model according to Legislative Decree 231/2001 (both available on: www.cesi.it);
• The special parts, which are declared to have been reviewed, constitute an integral part thereof;
• such documents express the ethical undertakings and responsibilities taken by CESI S.p.A. in its business and meet the need to guarantee a correct and transparent condition during the business activities;
• CESI S.p.A. intends to ensure the maximum correctness, transparency and traceability of all the commercial processes;
• in no event, the interest or the advantage of CESI S.p.A. can justify the breach of those principles.
The undersigned undertakes to timely communicate to CESI S.p.A. any variation regarding the information provided with the present declaration.
Moreover, acknowledging that CESI can require, in any moment, evidence of the contents of this declaration, the undersigned henceforth undertakes to provide suitable documents.
In witness whereof
Date,
_____________________________________
(Stamp and Signature of the Legal Representative)
DECLARES AS WELL THAT:
a) there are/there aren’t, persons of my Company acting with a role related to the top management of CESI S.p.A. (Directors, Member of Board of Directors, Head of Divisions) and/or who are employees of CESI S.p.A. (including their parents / relatives up to 2nd grade) whose presence – by virtue of the position held within the company- could create a conflict of interest, or a potential conflict of interest.;
b) during the previous 36 months HAS NOT been employee/director/consultant of the following
Auditing Company: please insert the name of the Auditing Company
If yes, please fill in the following:
_________________________________________________________from _________ to ______
(Company Name)
_________________________________________________________from _________ to ______
(Company Name)
c) Accordingly to my own current knowledge, during the last 12 (twelve) months, any/a relative/s (not divorced spouse, mother, father, mother-in-law, father in law HAS NOT/HAVE NOT COVERED the position of "Public Officer" or " responsible for the public service" for the activities related and connected to the “Project”:
If yes, please fill in the following:
__________________________________as :_________________________________
(Name and Surname/Relation) (Body/Institution)
__________________________________________ ( _____ ) from __________ to __________
(place) (province.)
__________________________________as :_________________________________
(Name and Surname/Relation) (Body/Institution)
__________________________________________ ( _____ ) from __________ to __________
(place) (province.)
____________________________________
(Stamp and Signature of the Legal Representative)
Personal data treatment: information and consent.
According to the current rules and regulations on the protection of the personal data, CESI S.p.A. informs that the provided data will be treated only in relation with the supply and supplier selection process, in order to guarantee equity and transparency and to avoid potential situations of conflict of interests, according to what is provided by the Ethical Code and by the Organizational Model pursuant to Legislative Decree 231/2001 adopted by CESI S.p.A. You are entitled to the right to access you data requesting to CESI S.p.A. their amendment, integration, or, if appliable, their deletion.