U-0274-26 Framework agreement on the provision and maintenance of indoor greening for the City of Wuppertal against payment

Concerning what the bidder must submit and minimum qualification, the input states that with the offer the bidder must provide the completed Bietererklärung and, where relevant, Anlage A (self-declaration on reliability) and Anlage B for bidder consortia. As such, the bidder must declare, for example, proper payment of taxes and social security, registration with the relevant Berufsgenossenschaft, absence of exclusion grounds (no Vergabesperre, no critical insolvency/liquidation situation), and any intended use of subcontractors/eignungsleihe. Additionally, the Auftragsbekanntmachung lists specific evidences: commercial register or professional register entries, business registration, turnover of the last three years (with minimum threshold, with some flexibility for SMEs), average number of employees and management staff in the last three years, proof of professional/third-party liability insurance with minimum coverage of 1,000,000 EUR for personal and property damage (either existing policy or binding commitment to conclude one upon award), and at least one reference for comparable interior greening services in the last three years (including client, period, scope). Eigenerklärungen must later be confirmed by official certificates within typically 6 calendar days on request; missing or late evidence leads to mandatory exclusion. A European Single Procurement Document (EEE) or prequalification can be used as provisional evidence, but the authority can always demand the full documents.

Regarding the scope of the contract (what, how much, where, when), the contract is a framework agreement for the entgeltliche Überlassung und Pflege von Innenraumbegrünung at three specified performance locations (details in the Leistungsbeschreibung and Bestands-/Standortliste, referenced but not fully quoted in the input). As such, the framework defines that the contracting authority is not obliged to order a minimum quantity; only actually called-off and supplied greening units are paid. Each Einzelabruf (call-off) must specify at least the performance location, building, room and exact placement, the affected greening units, the type and extent of the services, the start of performance, any different execution period, and special local or organisational requirements. The framework term starts with award and runs 24 months, with a unilateral extension option by the City of Wuppertal for another 24 months (max. 48 months total). Call-offs may be issued only during the framework’s term, but related services (care, replacement, dismantling, return) may continue beyond the end of the framework until each call-off is fully completed; ownership of the greening units remains with the contractor throughout.

Award criteria and their weighting are set out clearly. The economic most advantageous offer is determined on the basis of price and quality. The Auftragsbekanntmachung mentions “nur Preis” but is supplemented by a dedicated Zuschlagskriterien document for this specific tender, which applies with higher rank where it explicitly amends/clarifies: Price accounts for 70% and the “Begrünungskonzept” (quality) for 30%. The price is evaluated on the basis of the net total for 48 months from the price sheet, using a relative formula (lowest price gets 70 points, others proportionally fewer), and offers exceeding a binding maximum value are excluded. Quality is assessed via the written greening concept (max. 10 pages), divided into three sub-criteria of 10% each: (2.1) technical quality of service delivery, (2.2) care, supply and quality assurance, (2.3) organisation and implementation. Each sub-criterion is graded from 0 to 10 “Konzeptpunkte” according to plausibility, concreteness, practicability and durable implementation; the three partial scores sum to a maximum of 30 quality points. Skonto may be valueable under BB-L rules if offered with at least 21 days payment term; unconditional discounts must be entered in the Bietererklärung and are included in the evaluated price following the described calculation sequence.

The input also outlines risks and special conditions. As such, bidders must sign an Eigenerklärung (Anlage A) confirming no serious offences (corruption, bid-rigging, illegal employment) and accept that false declarations may lead to exclusion, immediate termination for cause, and notification to the Vergaberegister / Wettbewerbsregister. There are tariff and minimum-wage compliance obligations under TVgG NRW and MiLoG, with control rights for the client and the possibility of termination and contractual penalties (typically 1% up to 5% of net contract value per violation) in cases of non-compliance or failure to ensure subcontractors comply. ZVB-L and BVB foresee contractual penalties for delay and for breaches of confidentiality (1% per breach, max. 5% of contract value). The documents further mention standard guarantee and securities templates (e.g. performance and defects liability bonds, advance payment guarantees), and state that any extension of the tender or award binding period cannot be used to claim higher prices later: by consenting to prolongation of the Zuschlagsfrist or Angebotsfrist the bidder/contractor expressly waives claims for increased remuneration due to shifted contract periods. Subcontracting is regulated tightly; the contractor must mainly perform with own staff, has no right to additional subcontracting after award, needs prior written consent and must pass on VOL/B or VOB/B conditions and not impose worse payment terms on subcontractors than he receives from the city.

Finally, contradictions or corrections are addressed by a defined hierarchy of documents. The Rahmenvertrag itself states a ranking: answers to bidder questions and clarifications that explicitly change or supplement content override other documents; then the framework agreement, then the Leistungsbeschreibung and its annexes (including the bestands-/standortliste), followed by ZVB/L, VOL/B, the contractor’s offer (only insofar as it does not introduce own general terms or contradictory conditions), and individual call-offs. In case of contradictions within a call-off, the framework agreement and annexes prevail unless the call-off expressly contains a permissible concretisation or addition. The BB-L additionally emphasise that bidders must not alter tender documents; if they perceive unclear or contradictory elements affecting price, they are obliged to promptly seek clarification via the platform. Any subsequent change packages and official answers to bidder questions on the platform become binding parts of the tender, and it is the bidder’s duty (Holschuld) to regularly check for updates unless registered for notifications.