4720_EU_031226 Bathing installations

The scope of the contract is the execution of pool-technical installations in the new indoor swimming pool in Stuttgart-Zuffenhausen (NUTS DE111). Such as: delivery and installation of filter systems, pumps, pipes (e.g. PE-Rohr DN 32/200, PE-Bogen), valves, water attractions, control technology, sensors, and associated site logistics and coordination duties. The Leistungsverzeichnis excerpt shows quantities and item descriptions (e.g. “Filterbehälter D = 2400 mm”, “Rohwasserspeicher”, “Marmorkiesbehälter 180 ltr”). The place of performance is the construction site / project office of the client’s supervision. The execution period is set by Besondere Vertragsbedingungen: start around KW 29/2027 (with concrete dates and reference to a Bauzeitenplan); certain information (e.g. Rohbau-/Fundamentangaben) must be delivered within defined weeks after award. Completion (abnahmereife Fertigstellung) is dated (e.g. 21.12.2029), and these dates, along with single contractual milestones in the construction schedule, are declared contractual deadlines. Offers must be submitted electronically by 03/12/2026, 11:30, must remain valid for 81 days, and questions must be posed via the platform or email in time (at the latest three working days before the start of the formal answer period, with a general TED deadline 23/11/2026 18:00).

Award criteria and weighting are described in the Aufforderung zur Angebotsabgabe (211 EU). Such as: the main award criterion is price; the “Wertungssumme” is determined from the recalculated offer sum considering unconditional discounts, any wage adjustment (Lohngleitklausel), and maintenance offers. Price reductions entered directly in the GAEB file are automatically included in the total and the price evaluation. Additional award criteria can be set via a separate Zuschlagskriterien form, but in the text the explicit weighting beyond price is not detailed. A specific rule applies for workshops for disabled persons: their offers get a 15% bonus in the evaluation of economic efficiency; if their offer is as economical as another, the contract is awarded to the workshop for disabled persons, provided proof of this status is submitted with the offer.

Risks and special conditions are extensively regulated. Such as: contractual penalties (Vertragsstrafen) under § 11 VOB/B for exceeding contractual deadlines, calculated per working day of delay based on a percentage of the net final invoice amount, limited to 5% total. Tariff compliance and minimum wage obligations under the Baden-Württemberg Landestariftreuegesetz (LTMG) and AEntG/MiLoG are enforced through mandatory commitment declarations and contractual penalties (up to 1% of contract value per violation, cumulative up to 5%). Financial securities: if the net contract sum is at least 250,000 EUR, a performance security of 5% of the gross contract sum and a defects liability security of 3% of the sum of interim payments at acceptance are required, typically via the client’s standard guarantee forms (Vertragserfüllungsbürgschaft, Mängelansprüchebürgschaft). Subcontracting is closely controlled; bidders must clearly declare which items are executed by subcontractors (Form 233) and by other companies whose capacities are used (Form 235 and 236, with joint liability for financial capacity borrowing). Mixed calculations and undisclosed shifting of unit prices between positions are prohibited and lead to exclusion. Bidders must adhere to electronic submission, electronic invoicing, and may have their Urkalkulation opened for price checking. Competitive risks are addressed by an explicit 15% lump-sum damages clause in case of proven anticompetitive collusion. There is no requirement to perform in protected employment programmes, and no dynamic purchasing system or framework agreement is used. Site visit is not explicitly mentioned in the excerpts, but extensive rules on participation in site meetings, logistics (“Just in Time” deliveries), weekly 14-day work forecast, prohibition or restriction of advertising on site, and daily site reports are stated in the Leistungsverzeichnis and Further Special Conditions.

Contradictions or corrections within the documents are addressed by clear hierarchy and instructions. Such as: if bidders consider the tender documents contradictory, erroneous or unclear, they must alert the contracting authority in text form before submission (212 EU Nr. 1). Clarifying notes in a cover letter to the offer are discouraged because they could be interpreted as changes to the tender documents and result in exclusion under § 13/§ 16 VOB/A. In case of differing statements on side offers (Nebenangebote), 211 EU explicitly determines whether they are allowed; if 6.1 states “Nebenangebote sind nicht zugelassen”, the general rules in 212 EU Nr. 4 do not apply. On securities, the Besondere Vertragsbedingungen first note a waiver and then, in the same section, re-impose securities above 250,000 EUR; the operative rule is the conditional requirement: no security below 250,000 EUR, mandatory security above this threshold. Where different documents refer to advertising on site (LV says “untersagt”, BVB say “nur nach Zustimmung”), the later “Weitere Besondere Vertragsbedingungen” clarify that advertising is only allowed with prior consent, which effectively refines the general prohibition. In allocation of evaluation discounts, the rule in the participation conditions (212 EU, Nachlässe in GAEB plus only unconditional percentage discounts in Form 213 EU are valued) governs; conditional price reductions or those not declared at the prescribed place remain contract content but are not taken into account in the award decision.