11011_7 2027 - Acquisition of copy and printer paper

✓Ausführungsfristen (start/completion deadlines) are set to be filled in the form but in the excerpt remain blank placeholders; formally, performance must begin and be completed within the specified working days after award/notice as set by the contracting authority.

✓Concerning award criteria and weighting, the Aufforderung L 211 states that the Zuschlagskriterium is primarily Preis: the award is based on the economically most advantageous offer on price, calculated from the “Wertungssumme”, i.e. the checked offer sum including unconditional discounts.

✓There is a specific preference rule for “Werkstätten für behinderte Menschen, Inklusionsbetriebe und anerkannte Blindenwerkstätten”: their prices are evaluated with a 10% deduction, and if their offer is equally economical as that of a non-preferred bidder, they must receive the award.

✓Bidders wishing to be treated as “bevorzugte Bewerber” must declare this in the offer and, on request, prove eligibility (L 212, section 9).

✓On risks and special conditions, the documents impose several contractual obligations and potential sanctions.

✓Besondere Vertragsbedingungen L 214 introduce contractual penalties (Vertragsstrafen) for exceeding time limits for start, completion or individual milestones: for each working day of delay, a penalty percentage (to be set) of the value of the non-usable part of the performance is due, capped at 5% of the total settlement sum.

✓They also confirm formal acceptance (förmliche Abnahme) and twofold submission of invoices and accompanying documents.

✓L 215 Zusätzliche Vertragsbedingungen specify that securities (Sicherheiten) for contract performance can be required; the Bekanntmachung L 121 indicates that normally either no security or a 5% contract performance security will be demanded when the net contract sum is ≥ 50,000 €.

✓Where security is by guarantee, strict conditions apply: self-debtor guarantees by an EU/EEA/WTO-recognised bank or insurer, waiver of certain defenses, unbounded time until return of the guarantee document, etc. L 215 further contains an “Equal Pay” obligation (compliance with minimum wage, AEntG, AGG, EntgTranspG) and clauses on re-procurement of remaining services after early termination without new tender if the new price is not unreasonably high.

✓Risks also arise from strict formal requirements: use of the official forms, document-proof entries, prohibition of “Mischkalkulation” in unit prices (leading to exclusion), requirement that the bidder is identifiable in electronic text-form offers and that signatures/seals are applied exactly as prescribed, otherwise the offer is excluded.

✓Subcontracting and Eignungsleihe are tightly regulated: bidders must list partial services in L 235, indicate whether they rely on third-party capacities, and later provide L 236 Verpflichtungserklärungen and evidence of suitability; sub-bidders with exclusion grounds must be replaced within a deadline.

✓The bindefrist (end of offer validity) is specified in L 211 and L 121; questions and clarifications must be raised “unverzüglich vor Angebotsabgabe” (L 212, section 1) if the bidder finds ambiguities or errors—this effectively functions as a question deadline, even though no exact calendar date is stated.

✓Similarly, L 124 notes that the reference period is “letzte drei Jahre, soweit in der Bekanntmachung kein abweichender Zeitraum angegeben wurde”; since the Bekanntmachung L 121 excerpt contains no deviating period for references, the three-year period in L 124 applies.

✓Where L 214 refers to “siehe Punkt 2.4” in relation to contract duration, the detailed, completed clause in 2.4 (01.02.2027–31.01.2028, Verlängerung bis 31.01.2029) governs.

✓Any missing percentages or days (e.g. exact penalty rate %, number of working days for start/completion) are placeholders to be filled by the contracting authority in the actual tender file; until filled, the bidder should rely on the version downloaded via the platform, and must use the long-form Leistungsverzeichnis as “allein verbindlich”.