Leasing of 50 cars

The scope of the contract is the leasing delivery of 50 passenger cars divided into 3 “Fachlose” under § 97a GWB, with the possibility to bid on one, several or all lots and with award “losweise”. Such as: the general part (Teil A) describes that vehicles must comply with all current EU/EG/ECE and German technical rules, environmental and occupational safety standards and the specific technical requirements in Teil B, including CO2-efficiency classes for certain lots. Deliveries must be free to the agreed “Verwendungsstelle”, with the abnahme at the Erfüllungsort by the contracting authority, and the leasing period and delivery dates are set out in Teil B. Offers are to be submitted exclusively via the Vergabeplattform Niedersachsen using the Bietertool by the fixed deadline (16 November 2026, 10:00), after which the bidder is bound by its offer until the expected award date (21 December 2026). All contract performance takes place in Germany (Niedersachsen), and the NTVergG applies, including social clauses (e.g. employment of at least one severely disabled person or apprentice for contractors with ≥20 employees).

Award criteria and weighting are described in detail for each lot. Such as: in Lots 1 and 2, the award goes to the “wirtschaftlichstes Angebot”, determined by a points system with 60 % (600 points) for price and 40 % (400 points) for CO2-efficiency class. The price criterion aggregates all leasing rates plus transfer and return costs over the leasing term; higher prices receive proportionally fewer points (e.g. 10 % higher price → 10 % point deduction). The CO2-efficiency class yields 400 points for A or B, 300 for C, 200 for D, and 0 for E, F or G; the efficiency class must be indicated in the Angebotsvordruck, otherwise the data will not be requested later and the offer is excluded. In Lot 3, the sole criterion is the lowest net total price; ties are resolved by a lottery. The documents also refer to §§ 56, 57, 60 VgV for the general examination and evaluation of offers, including the obligation to clarify abnormally low bids and the potential exclusion of speculative or unusually low prices.

Risks and special conditions for bidders are set out across Teil A, ZVB and VOL/B. Such as: contractual penalties (Vertragsstrafen) may be agreed; VOL/B § 11 limits delay penalties to max. 0.5 % of the value of the non-usable part of the performance per week and an overall cap of 8 %. Security (Sicherheitsleistung) can be required for contracts above 50,000 EUR under VOL/A § 14 and VOL/B § 18, usually via deposit or bank/insurer guarantee. Subcontracting is regulated: transferring essential parts of the performance requires prior written consent (VOL/B § 4 Nr. 4, ZVB Unterauftragnehmer), and for any intended subcontracting the bidder must fill the Unterauftragnehmer-Eigenerklärung, indicate the scope, and later name the subcontractors and provide Verpflichtungserklärungen; the contractor remains liable and must replace non-eligible subcontractors. There are strict rules against anti-competitive behavior and corruption: illegal bid-rigging or granting advantages to client staff can justify contract termination or rescission under VOL/B §§ 7, 8 and ZVB; bidders must also accept possible price monitoring under PR Nr. 30/53 (Preisverordnung) and concede that mixed calculations and speculative prices are prohibited. The offer validity period, exclusive use of provided forms, electronic submission rules, and the lack of entitlement to Nachforderung of missing documents (§ 56 VgV) create procedural risks: incomplete or late documents lead to exclusion, and bidders bear the burden of proof for timely and complete submission.

Contradictions or corrections within the documents are addressed by a binding hierarchy of contractual documents. Such as: Teil A § 2.1 establishes a specific ranking for resolving inconsistencies: (1) Leistungsbeschreibung – Allgemeiner Teil (Teil A) including Bieter- and Aufklärungsfragen per lot; (2) Leistungsbeschreibung – Technischer Teil (Teil B) including lot-specific annexes and clarifications; (3) ZVB des Landes Niedersachsen; (4) VOL/B; (5) Aufforderung zur Angebotsabgabe; (6) Angebot des Auftragnehmers; (7) Angebotsvordrucke; (8) Bewerbungsbedingungen. If conflicts remain unresolved by this hierarchy, the contracting authority may determine the content or execution at its reasonable discretion under § 315 BGB. Additionally, both VOL/B and ZVB contain their own, more general chains of precedence, but for this contract the specific hierarchy in Teil A overrides those. Firm-specific general terms and conditions of the bidder are expressly excluded from becoming part of the contract, even if submitted. Thus, in case of contradictory statements, the bidder must follow first Teil A and Teil B, then ZVB, then VOL/B, and may seek clarification from the LZN via the Vergabeplattform before bid submission if any uncertainties are perceived.