Maintenance extension Nutanix (111-Z1115/26 (VN158/2026))

Such as in the Leistungsbeschreibung and the Aufforderung, the scope of the contract is narrowly defined: extension of system maintenance (hardware and system software) for a specific NUTANIX infrastructure in Köllitsch, consisting of a Nutanix system with 3 servers (Hybrid Nodes XF3070‑M2, S/N EWAG007431–EWAG007433). The service is a support pack “Verlängerung (5x9, 4h)” including Festplattenverwurf and specified licenses (Subscription Renewal, Acropolis AOS Starter, Software Support Service, FrameSubscription for max. 30 concurrent users). Quantity is one package, invoiced as a one‑off payment for the period from 18.03.2027 to 30.09.2028 (EoL). Place of performance/installation is the LfULG site “Am Park 3, 04886 Köllitsch”; the execution period and performance timeframe are fixed accordingly.

Such as in the BBL and Aufforderung, the award criteria and submission rules are strict and simple. The sole award criterion is price with a weighting of 100 %; no qualitative sub‑criteria are foreseen, and Nebenangebote are explicitly not allowed. Offers must be submitted electronically via the AI‑Vergabemanager (evergabe.sachsen.de) with a qualified or advanced electronic signature; submission by post, fax, telephone, email or mere text form leads to exclusion. The Angebotsfrist ends on 05.11.2026; the Bindefrist runs until 15.12.2026. Questions must be submitted in due time before the deadline, via the platform or email to the named contact; answers are published via the platform. There is no mention of a mandatory site visit. Non‑successful offers can be explained on request, and for contracts ≥ 50,000 € the authority provides information under § 8 SächsVergabeG.

Such as in the EVB‑IT Instandhaltung‑AGB and the contract template, the risks and special conditions for bidders include: contractual penalties for exceeding agreed reaction and/or recovery times (0.1 % of annual remuneration per started 25 % overrun, max. 1 % per case and 5 % per year, offset against damages); strict liability and warranty rules on defects, including rights to Nacherfüllung, price reduction, own defect remedy and damages under BGB; a general limitation of liability for slight negligence to the contract value, capped at twice the first‑year remuneration and at minimum €25,000; exclusion or limitation of rights to withhold performance; German law and jurisdiction; confidentiality obligations and controlled use of subcontractors (only with express consent, “need‑to‑know”; subcontractor must be bound to equivalent confidentiality). The bidder must declare that he will not introduce his own AGB, complies with labor and social law including MiLoG, is not subject to exclusion grounds, and that any involvement of excluded undertakings (e.g. Russian entities under EU Reg. 2022/576) is avoided. The contract also clarifies that services have no usage locks, and that the contractor will handle disposal/recycling of exchanged components if requested.

Regarding contradictions or corrections: such as in the BBL (general rule: offers are “grundsätzlich in Schriftform” and not by email/fax) versus the specific Aufforderung (electronic submission with qualified/advanced signature via AI‑Vergabemanager), the documents themselves resolve the apparent conflict by stating that higher form requirements in the tender documents prevail. Here, the explicit requirement in section 15 of the “Anlage zu den Vergabeunterlagen” (“elektronische Form und mit qualifizierter oder fortgeschrittener Signatur über den AI‑Vergabemanager; andere Formen führen zum Ausschluss”) is the applicable rule. Likewise, where EVB‑IT contract fields allow options (e.g. liability caps, penalties, insurance, disposal), the marked choices in the provided contract (e.g. obligation to provide insurance proof; no usage locks; disposal by the contractor) are binding and override the generic alternatives in the template.