Rental of 19 off-road vehicles for the LfULG (15-Z 1183/26)

What the tenderer must submit and meet in terms of minimum requirements is described several times and consistently. With the tender, the forms provided by the contracting authority must be used and completed in full, in particular: (1) the self-declaration form with numerous legally binding declarations (e.g. on taxes/duties, social contributions, minimum wage, professional association, absence of grounds for exclusion pursuant to § 6 No. 5 VOL/A and Article 5k of Regulation (EU) 2022/576, information on subcontractors, cash discount, preferred candidate status if applicable). (2) The specifications/cost calculation as an annex to the self-declaration. (3) If necessary, a list of the nature and scope of the services to be performed by subcontractors. (4) The form ‘Information for consultation of competition registers’ with company or personal data for consultation under the Competition Register Act. (5) In addition, following an invitation to tender: Brief presentation of the company including employee development and turnover of the last three years, declaration of registration in the commercial or professional register, references to relevant services provided over the last three years and the designation of a supplying company based in the Free State of Saxony. In addition, a list of certified service companies in the Free State of Saxony must be enclosed (General notes DKfz). Requirements for sales are required only qualitatively (specify in the short presentation), explicit minimum turnover amounts are not mentioned; the liability insurance is contractually obligatory (ZVB 15.1), must be proven on request and its discontinuation justifies termination without notice. The tender must be submitted in German, in writing in accordance with Section 126 of the German Civil Code (BGB), in full, signed and in due time; The bidder's own terms and conditions are expressly excluded.

The award and evaluation criteria are very simple: The invitation to tender lays down ‘award criteria: Price 100 %’. This means that, if the suitability requirements are met, only the price offered (fixed price excluding VAT, with indication of the VAT rate, including all ancillary costs) will decide on the award. According to the ZVB, the prices offered are to be understood as fixed prices covering all costs (including VAT, insurance, packaging, transport, preparation of German operating and use instructions, etc.). Subsidiary offers are expressly not permitted. Price audits may be carried out in accordance with Regulation PR No 30/53; If a price is classified as inadmissible, the price permitted under price law shall be deemed to be the offer price.

With regard to risks and special conditions, the text mentions numerous points. For example, ZVB No 16 provides for a contractual penalty in the event of delay: 0,5 % of the net contract amount per week for the arrears of the service (including delays in partial services or intermediate periods), capped at 5 % of the net contract amount. The client may also claim further damages; Contractual penalties are set off against damages, but do not exclude further claims. Liability of the contractor is fully governed by the German Civil Code (in particular §§ 280 et seq., 823 German Civil Code); Defective consequential damages are not excluded – expressly contrary to § 14 No 2b VOL/B. The contractor must maintain adequate liability insurance cover; its cessation is a reason for termination. Sub-contractors may only be used with written consent and with proven expertise, efficiency and reliability; Contracts with subcontractors must be based on VOL/B, must not contain less favourable conditions than the main contract, and subcontractors must be informed of the public nature of the contract. Aptitude loan via UA is possible, but requires a declaration of commitment already with the offer. Discounts can be offered voluntarily by the bidder. Questions relating to the documents must be submitted by e-mail ‘within a reasonable time’ before the closing date for submission of tenders; Answers are communicated via evergabe.sachsen.de or by e-mail. A mandatory on-site appointment or test drive is not mandatory, but ‘in case of ambiguity about the suitability of the vehicle’, the offered vehicle can be inspected and tested before the surcharge; Any additional costs incurred must be indicated in the offer. The procurement documents may only be used for the preparation of tenders and must be treated confidentially; Violations can lead to withdrawal from the contract. The contract is subject to German law, the place of jurisdiction is Dresden.

On possible contradictions or collisions in the documents, the text contains a clear priority rule: According to ZVB No 1.2, in the event of contradictions, (a) service descriptions including the form "self-declaration", (b) the offer of the contractor, (c) any special contractual conditions (BVB/ZVB AVV), (d) ZVB of the client, (e) VOL/B, (f) legal regulations, (g) technical contractual conditions, (h) generally accepted rules of technology apply successively. Other documents, in particular general terms and conditions of the bidder, expressly do not become part of the contract. This clarifies which statement applies in the event of a conflict: as a matter of priority, the specific terms of reference and the conditions laid down therein, followed by the other levels mentioned. The documents themselves do not show any obvious direct contradictions; In accordance with BBL No 2.2, any ambiguities must be notified by e-mail before the tender is submitted.