The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) intends to monitor the Act on the Equal Participation of Women and Men in Leadership Positions in the Private and Public Sector (FüPoG) and the Act on Supplementing and Amending the Regulations for the Equal Participation of Women in Leadership Positions in the Private and Public Sector (FüPoG II) by means of an open procedure pursuant to Section 119 (1) ARC. to forgive.

For more information, please refer to the attached tender documents.

In the following, II.1 to II.4 specifies the expectations of the CP for the statistical collection and evaluation of information, the declarations on corporate governance, the preparation and the explanation of the data for reporting as well as other services.

II.1 Statistical recording and evaluation of the determinations, information, justifications and descriptions of the companies affected by the law in accordance with Art. 26 para. 1 sentence 2 no. 3 FüPoG II

The annual collection and evaluation of data of the companies that are subject to the regulations according to the FüPoG and FüPoG II must be carried out.

For this purpose, it is necessary to provide annually updated data in accordance with Art. 26 paragraph 1 sentence 2 number 3 FüPoG II for each listed company and for each stock corporation, partnership limited by shares, limited liability company, registered cooperative, mutual insurance association under German law as well as European stock corporation and European cooperative company domiciled in Germany that regularly employ more than 500 people (including the marginally employed) for the respective financial year of the companies.

At a minimum, the data described below under points 2.1 to 2.5 must be recorded in such a way that they are regularly available to the client on request and in accordance with point II.4 in the form of a barrier-free file (e.g. Excel file).

The data collected are to be used as a basis for the evaluation of the development of the proportion of women in management levels and in committees of the private sector by the contractual partner (data basis for annual information pursuant to Art. 26 paragraph 1 sentence 1 in conjunction with sentence 2 number 3 FüPoG II).

Based on the data collected, the statistical and descriptive annual evaluation and processing of the data in accordance with Art. 26 paragraph 1 sentence 2 number 3 FüPoG II and the preparation of a draft based on this for the private sector part of the annual information of the Federal Government, in which the respective data of the last available financial year of the companies examined are to be presented in relation to the previous year's developments since the 2015 financial year are.

The data and evaluations to be collected in accordance with the following points 2.1 to 2.5 inclusive are to be collected and evaluated regularly for each survey or evaluation cycle (for individual financial years of the companies) of the contract period by 31 May of the survey year for all companies covered by the FüPoG and FüPoG II, as well as to be evaluated and presented in relation to previous years. The presentation is made in a year-on-year comparison with the previous years since 2015 or in relation to the previous years since the first financial year in which the respective legal requirement according to FüPoG II, to which the data collection and evaluation refers in each case, applied.

The following under II.2. The data described in accordance with points 2.1 to 2.5 are also required in particular for

(a) listed companies; and

b) listed companies without SMEs (defined in accordance with Article 3 of the FüPo Directive)

with the respective status as of May 31 and evaluated separately in each case (see also 4.2 below).

II.2 Data to be collected and evaluation criteria

In the following, the data to be recorded by the CP and updated annually on the basis of the management reports and declarations on the corporate governance of the companies, which form the basis of the annual information provided to the Federal Government in accordance with Art. 26 paragraph 1 sentence 2 number 3 FüPoG II, are listed in more detail:

2.1 Information on companies in general

2.2 Structure and current state in the company

2.3 Definitions of targets and deadlines as well as justifications for zero targets

2.4 Data and evaluation of the fixed quota on the Supervisory Board

2.5 Data and evaluation of the minimum participation requirement

II.3. Preparation and explanation of data

3.1 Annual information on the evolution of the proportion of women in management in the private sector

Pursuant to Article 26 (1) sentence 2 number 3 of the FüPoG II (formerly: 23 (1) of the FüPoG), information must be provided annually on the development of the proportion of women at management levels and in committees of the private sector (annual information). The Annual Information provides the public with a continuous overview of the implementation of legal obligations based on up-to-date data.

Part of the contractual performance of the CP is the preparation of a draft for the private-law part of the annual information on the basis of the data pursuant to Art. 26 para. 1 sentence 2 no. 3 FüPoG II on the basis of the annual information last adopted by the Federal Government in accordance with Art. 26 para. 1 sentence 1 FüPoG II (cf. e.g. Sixth Annual Information of the Federal Government on the Development of the Proportion of Women in Leadership levels and in committees of the private sector and the public service, Bundestag printed matter 20/5340). The focus of the annual information is on the statistical data to be collected and evaluated annually in the field of private law (see above).

It is necessary that the draft is available as soon as possible and that a draft with evaluation of the data mentioned under points 2.1 to 2.5 on the companies covered by the regulations under FüPoG and FüPoG II for the data available up to 31 May of the year in which the draft is drawn up is submitted to the BMFSFJ by 15 July of each contract year at the latest. The draft must include all companies subject to publication requirements at the end of the respective completed financial year.

Subsequently, the draft must be continuously adapted on the basis of the requirements and in accordance with the change requests of the BMFSFJ, and any queries regarding this must be answered within three working days at the latest.

The database with the data up to 31 May of the survey year must be made available to the BMFSFJ (see also point 5).

3.2 Provision and analysis of data for listed companies without SMEs (Article 3 of the FüPo Directive)

The data recorded for the listed companies with the exception of small and medium-sized enterprises (SMEs) within the meaning of Art. 3 of the FüPo Directive under points 2.1 to 2.5 and available for the last financial year completed in each case are to be evaluated once a calendar year as of 31 May for the companies concerned. This data collection and evaluation must be submitted to the BMFSFJ in each case.

In each case, the CP has the recorded data (e.g. Excel file) as well as the evaluation of the data (e.g. as a Word file) by July 15 of the respective survey year at the latest.

3.3 Further preparation and explanation of data

Part of the contract is the provision, preparation and explanation of supplementary information on the basis of the data mentioned under 2 at the request of the BMFSFJ.

This includes, in particular, content input on background materials, up-to-date preparation, and research tasks on the collected data.

Depending on the scope and urgency, it must be possible to prepare the preparatory work within two working days. The offer therefore expects concrete explanations of implementation and accessibility.

The preparatory work for answering individual legal questions in connection with the data obtained must also be carried out.

Therefore, a detailed knowledge of German and European company law, including the concrete processes within the companies, must be provided.

II.4 Interface to the website

On its website (https://www.bmfsfj.de, the BMFSFJ illustrates how the proportion of women on the supervisory boards of companies with a fixed gender quota of 30 percent has developed as well as the self-imposed targets of all companies affected by the law, and prepares the data from the legal monitoring in a transparent and user-friendly manner.

In addition, the website of the BMFSFJ is intended to present the data of listed companies without SMEs (according to the definition according to Art. 3 FüPo-RL) evaluated in accordance with 3.2.

So far, a third-party company has been commissioned with the development and support of the interactive data tool and the design of the website.

The CP must regularly submit the data required to update the website to the BMFSFJ and - at the separate request of the BMFSFJ - to the third-party company currently commissioned to do so with the updated database as of 31 May of the respective survey year in the form of an accessible file (e.g. Excel file) and answer queries.