Declaration of general requirements under art 38, Legislative Decree 163_06

Poste Italiane S.p.A.

Acquisti - ANPA

Assistenza Normativa e Processi di Acquisto

viale Asia, 90 – 00144 Rome

DECLARATION OF GENERAL REQUIREMENTS

The undersigned
born in / Italian province / () / on / //
as (cross the corresponding box) Legal representative or Attorney (in said case attach special power of attorney)
of Company
with registered office in (address):
city / Italian province / () / POST
CODE
with Tax code no.
with VAT no.
Tel. / Fax / e-mail

Pursuant to and in accordance with articles 46 and 47 of Presidential Decree dated 28/12/2000 no. 445 and aware of the penal sanctions envisaged by art. 76 of the cited Presidential Decree for circumstances of false deeds and fraudulent statements indicated therein,

DECLARES

1.  that the company is not in any circumstance of exclusion set forth in art. 38 of Legislative Decree 163/06;

2.  that the company (cross one of the corresponding boxes):

has submitted the certification set forth in art. 17of Law no. 68 dated 12 March 1999;

or

complies with the legislation that regulates the right to work of the disabled pursuant to art. 7 Law no. 68 dated 12/03/1999;

or

(for companies with no more than 15 employees or between 15 and 35 employees that have not hired any new staff since 18 January 2000) that the company is not subject to any obligations of mandatory hiring set forth in Law 68/99;

3.  that vis-à-vis the same (cross the box corresponding to the company’s situation):

no final convictions have been passed;

the following final convictions have been passed (indicate information relating to the offence and the sentence number)[1]:

Information relating to the offence / Sentence number
OTHER (indicate any further offences, providing the information as above for the same):

4.  that vis-à-vis the company:

§  no criminal judgements have been passed that have become irrevocable;

§  there have been no judgements in application of the sentence claimed, pursuant to art. 444 of the Italian code of criminal procedure, for serious offences causing damage to the State or to the Community that affect professional morality;

§  there have been no final convictions for one or more offences of participation in a criminal organisation, corruption, fraud, money laundering, as defined by the community documents cited in art. 45, paragraph 1 of EC Directive 2004/18;

5.  that (cross the box only if relevant):

the company has incurred the following convictions, the details of which have not been included in the criminal records of the same (indicate the information relating to the offence and the sentence number):

Information regarding the offence / Sentence number
OTHER (indicate any further offences, showing the above information for each):

6.  that vis-à-vis the company, in the past five years, the preventive measures set forth in art. 3 of Law no. 1423 of 27 December 1956, imposed on a cohabitant have not been extended to the same;

7.  that, pursuant to article 38, paragraph 1, letter c), second sentence, of Legislative Decree 163/2006 and subsequent amendments and supplements, in the three year period prior to the registration application (cross one of the corresponding boxes):

no parties with representative powers or powers to bind the company or holding the position of technical director have left the company;

the following parties with representative powers or powers to bind the company or holding the position of technical director have left the company (show personal details, position in the company, and date they left the company):

Surname and Name / Position / Place and Date of birth / Date left the company
OTHER (indicate any other names, showing the above information for each):

7.1) that (cross the corresponding box only if, as indicated above, parties have left their positions in the company):

as regards all parties that have left the company;

as regards the following parties that have left the company:

Surname and Name
OTHER (indicate any other names, showing the above information for each):

and whose juridical situation the company declares to be aware of pursuant to article 47, paragraph 2, of Presidential Decree no. 445 of 2000, assuming the relative liability[2], that no final convictions have been passed, that no criminal judgements have been passed that have become irrevocable, that no judgements in application of the sentence claimed have been passed pursuant to article 444 of the Italian code of criminal procedure, for serious offences causing damage to the State or to the Community that affect professional morality. Similarly, there have been no final convictions for one or more offences of participation in a criminal organisation, corruption, fraud, money laundering, as defined by the community documents cited in art. 45, paragraph 1 of EC Directive 2004/18;

WHEREAS:

as regards the parties that have left the company indicated below, whose juridical situation the company declares to be aware of pursuant to article 47, paragraph 2, of Presidential Decree no. 445 of 2000, assuming the relative liability, that the following final convictions have been passed, and/or that the following criminal judgements have been passed that have become irrevocable, and/or that the following judgements in application of the sentence claimed have been passed pursuant to article 444 of the Italian code of criminal procedure, for serious offences causing damage to the State or to the Community that affect professional morality and/or that there have been final convictions for one or more offences of participation in a criminal organisation, corruption, fraud, money laundering, as defined by the community documents cited in art. 45, paragraph 1 of EC Directive 2004/18 (for each party, indicate the information regarding the offence, sanction applied and sentence or decree no.):

No. / Surname and Name / Information regarding the offence / Sanction applied / Sentence /Decree number
1
2
3
4
5
OTHER (indicate any other names, showing the above information for each):

and that the company has taken the following action or measures to fully disassociate itself from the sanctioned criminal conduct of said parties or the same have been discharged pursuant to article 178 of the Italian code of criminal procedure by a provision issued by a judge, or the offence and its effects have been extinguished pursuant to article 445, paragraph 2, of the Italian code of criminal procedure by order of the enforcing magistrate (specify, for each offence[3], if rehabilitation has been applied pursuant to art. 178 of the Italian criminal code or the offence has been extinguished pursuant to art. 445, paragraph 2, of the Italian code of criminal procedure; otherwise specify the action or the measures adopted by the company to demonstrate its total disassociation from the criminally sanctionable conduct:

No. / Specify if art. 445, paragraph 2 of the Italian code of criminal procedure or art. 178 of the Italian criminal code has been applied. Otherwise, indicate the measures adopted by the company to disassociate itself from the criminally sanctionable conduct.
1
2
3
4
5
OTHER (indicate any other offences, showing the above information for each):

7.2) that (cross only if relevant):

the parties indicated below that have left the company, whose juridical situation the company declares to be aware of, pursuant to article 47, paragraph 2, of Presidential Decree no. 445 of 2000, assuming the relative liability, have incurred the following convictions, the details of which have not been included in the criminal records of the same (indicate, for each party, surname and name, information regarding the offence and the sentence number):

Surname and Name / Information regarding the offence / Sentence number
OTHER (indicate any other names and offences, showing the above information for each):

8.  that the Company is registered on the company register of the Chamber of Commerce of , for the following business activities

9.  that the shareholders (if a limited liability company), the partners (if a limited partnership), the directors in possession of representative powers (in the case of another type of company or a consortium), the technical directors (in all cases) are as follows (indicate the names. Positions, dates and place of birth and place of residence):

Surname and Name / Position / Place and Date of birth / Residence
OTHER (indicate any other names):

N.B. For parties that hold more than one position (e.g. Legal representative and Technical Director), all positions must be shown in the above table.

10.  (only for Cooperative companies) that the company is registered with the Register of Cooperative companies, established by Ministerial Decree 23.06.2004 of the Minister for Production Activities no. ;

11.  that, in the event of an invitation to tender, other companies with which the company has relations of control established on the basis of the criteria set forth in art. 2359 of the Italian civil code do not submit offers;

12.  that the company unconditionally accepts, without any reservation of all of the provisions contained in the Rules and Regulations for the Register of Suppliers, and in any tenders/regulations specific to a certain category;

13.  that the company (cross one of the corresponding boxes)

is not already registered (or has not submitted a registration application) on the Register of Suppliers of Poste in any of the envisaged forms;

is already registered (or has already submitted a registration application) on the Register of Suppliers of Poste in the form of : ;

14.  that the company complies with its obligations as regards health and safety in the workplace;

15.  that there is no prohibition to participate linked to the existence of an individual disclosure plan, pursuant to art.1 bis, paragraph 14, of Law no.383 of 18 October 2001, as amended by Legislative Decree no. 210 of 25.09.2002, converted into law no. 266 of 22.11.2002;

16.  that the company will permit inspections by Poste Italiane S.p.A., third parties delegated by Poste Italiane S.p.A. to check requirements regarding technical resources, production potential and company organisation for quality matters, according to the qualification system

17.  that it agrees, pursuant to Legislative Decree no. 196/2003 and subsequent amendments and supplements, to the processing of personal information for the uses envisaged by legislation pertaining to public tenders

PLACE

DATE //

The Signatory

Page 1 of 7

[1] Note that all final convictions referring to any type of offence must be indicated, with exclusive exemption of cases in which the offence has been extinguished by the enforcing magistrate, as well as in cases of rehabilitation pronounced by the supervisory Court, attaching all documentation needed by Poste Italiane S.p.A. to assess professional morality to the portal

[2] Otherwise said declaration must be made by the individual parties in question pursuant to Presidential Decree 445/00, using Appendix xx.

[3] In order to correctly match with the offences shown in the previous table, indicate the reference number (No. column) in the table below