26-091502 Lift systems

The scope of the contract is defined as lift installation works with an associated maintenance (Instandhaltung) contract for Aufzugsanlagen in the Versorgungsgebäude BePo N in Nürnberg (postal code 90469, NUTS DE254). Such as: one glass lift of 1,600 kg including glass shaft structure, two freight lifts of 2,500 kg and one scissor lifting platform of 1,000 kg. The estimated contract value is 460,380 EUR net. The performance period is fixed from 01.03.2027 (Ausführungsbeginn) to 27.04.2029 (Enddatum), with specific contractual milestones in the Besondere Vertragsbedingungen: e.g. completion of the glass lift shaft scaffold by 06.12.2027 and final completion by 27.04.2029. The place of performance is the named building site in Nürnberg, and the contract explicitly includes both creation of the lift installations and their inspection, maintenance and repair under an AMEV „Aufzug–Service 2024“-maintenance contract, which must be fully completed (including work cards, reaction times, material obligations, documentation, etc.). If the maintenance part of the offer is not “wertbar”, the entire offer including the installation part is excluded.

Award criteria and weighting are straightforward and purely price-based. Such as: the TED notice explicitly states “Der Preis ist das einzige Zuschlagskriterium”, and Form 211 EU confirms “Zuschlagskriterium Preis”. The price is determined from the “Wertungssumme” including checked totals, unconditional discounts, effects of the Lohngleitklausel, and maintenance prices. Although Form 216 mentions a “Beschleunigungsregelung” and requires a binding construction end date and a bar-chart construction schedule (Bauzeitenplan) as “Unterlagen zu den Zuschlagskriterien”, these serve to check contract feasibility and potentially penalties, but not to weight multiple qualitative criteria—the award goes to the economically most advantageous tender solely on the basis of price among the offers found suitable and compliant.

The documents also set out numerous risks, guarantees and special conditions. Such as: strict execution deadlines are defined as contractual deadlines (Vertragsfristen); delays trigger contractual penalties (§ 11 VOB/B) per working day of delay, calculated as a percentage of the net contract sum (excluding maintenance amounts), with an overall cap as a percent of the contract sum. The special conditions require security for contract performance and defects: the TED notice states a 5% performance bond (if contract sum ≥ 250,000 EUR net) and 2% defects security based on progress payments, while the form 214.H text is partially generic (mentioning both “verzichtet” and a percentage to be filled in); in case of a discrepancy, the specific numerical requirements in the TED notice and filled-in special conditions prevail. Security is to be provided via standard contract guarantee forms. There is a binding bid validity period of 74 days from bid deadline (01.12.2026, 09:04) to 30.01.2027. There is no obligation to perform within protected employment programmes, and no site visit is explicitly mandated. Bidders must comply with minimum wage, anti-discrimination, equal pay and other labour law obligations, and there is an explicit clause on a 5% lump sum damages if the bidder participates in unlawful anti-competitive agreements. Subcontracting and Eignungsleihe must be transparently declared via forms 233, 235, 126 and 236, with joint liability where financial capacity is borrowed, and replacements required if exclusion grounds apply to a subcontractor. A security clearance (“Sicherheitsüberprüfung”) is required as a condition of contract award. Electronic submission is mandatory via the iTWO tender portal and ava-sign, in German, with no variants or multiple main offers allowed, and offers must be signed or electronically recognized as per the specified form; non-compliance leads to exclusion.

Regarding contradictions or corrections, the documents include some standard text that could appear internally inconsistent but are clarified by the specific procurement details. Such as: Form 211 EU generally allows “mehrere Hauptangebote”, but this is overridden by the TED notice, which states that multiple offers and variants are “nicht zulässig”; therefore, bidders may submit only one main offer without variants. In 214.H, options to “verzichten” on securities coexist with percentage clauses, but the TED notice explicitly sets 5% and 2% securities, so those concrete values are controlling for this tender. Similarly, generic reference to multiple Zuschlagskriterien in 227.H is superseded by the TED notice and the specific text that price alone is the award criterion. Where the forms include optional clauses (tick boxes) that the contracting authority did not complete or that contradict the TED data, the filled-in project-specific values and the official EU notice take precedence. In case of remaining ambiguities, the participation conditions (212EU) oblige bidders to notify the contracting authority in text form before submitting bids so that corrections or clarifications can be issued.