Security service for administrative sites of the city of Hildesheim

✓The documents also regulate award‑related and contractual risks and special conditions.

✓Such as, they prohibit anticompetitive conduct and “Mischkalkulation”; offers with redistributed unit prices are excluded from evaluation.

❓While concrete award criteria and weightings are not explicitly listed in the excerpt, the framework indicates that only formal, timely and compliant offers using the prescribed forms are considered, and that price discounts are only evaluated if given as unconditional percentage reductions at the designated place in the offer.

✓Contractual risks include strict adherence to deadlines with contractual penalties (Vertragsstrafen nach § 11 VOL/B) for delay, calculated on the non‑usable part of the service, and capped at a certain percentage of the net contract sum.

✓The city can demand a performance security under § 18 (e.g. via VHB contract performance bond) if the net contract value is at least 50,000 EUR and security appears exceptionally necessary.

✓Subcontracting is only allowed with the city’s written consent; if partial services are transferred, the contractor must treat subcontractors on conditions not worse than its own, involve SMEs appropriately, and reveal the city as principal on request.

✓Guarantees and liability are reinforced through mandatory liability insurance and a broad indemnity obligation in favour of the city; the city may pay overdue premiums and deduct them from the contractor’s remuneration.

✓The validity of the contract terms is underlined by the clause that all amendments require written form and the fixed jurisdiction in Hildesheim.

✓Finally, the text explains procedural conditions, including electronic submission and handling of contradictions in documents.

✓Such as, offers must be submitted electronically via the DTVP platform in text form under § 126b BGB (no simple email or fax permitted), after free registration; the identity of the declarant must be clear but a scanned signature is not required.

✓Any perceived ambiguities or errors must be reported promptly to the contracting authority before submission, and there is a general duty to clarify issues in text form.

❓While a specific “question deadline” or site visit requirement is not explicitly mentioned in the excerpt, the general UVgO application conditions strongly suggest questions must be raised early and that only the long version of the bill of quantities is binding.

✓In case of contradictions between documents, the city’s “Allgemeine Auftrags- und Zahlungsbedingungen” establish a hierarchy: (1) the relevant standard conditions (VOL/B or VOB/B), (2) the “Zusätzliche Vertragsbestimmungen”, and (3) the city’s general terms; furthermore, the city’s terms apply exclusively against any divergent contractor terms.

✓For overpayments caused by calculation or transmission errors, such as page transmission errors, the city can reclaim without the contractor invoking loss of enrichment; reclaimed amounts are interest‑bearing at 5 percentage points above the base rate.

Answers on the required criteria

Must securities be provided (bid bond, performance or warranty guarantee)? If so: which, in what amount and by when?

✓Such as regarding securities, the “Besondere Vertragsbedingungen” include a clause “Sicherheitsleistung (§ 18)” stating that a contract performance security (Vertragserfüllungssicherheit) for “die Erfüllung sämtlicher Verpflichtungen des Auftragnehmers aus dem Vertrag” may be required.

✓The form of security can be either cash deposit or a performance bond using the VHB “Vertragserfüllungsbürgschaft” wording.

❓No bid bond (Angebotssicherheit) is mentioned in the excerpts, and warranty is governed generically by the Allgemeine Auftrags- und Zahlungsbedingungen (e.g. a two‑year defects period for VOL/B‑type services), but no separate warranty guarantee security is required.

Is subcontracting allowed? If so: with which limits and which disclosure duties?

✓Such as with subcontracting, the Leistungsbeschreibung expressly states: “Die Beauftragung von Nach- und Subunternehmern des AN ist nicht gewünscht.” In addition, the Allgemeine Auftrags- und Zahlungsbedingungen (section 12 “Übertragung des Auftrages an Dritte”) stipulate that transferring the contract or parts of it to third parties is only allowed with the City’s prior written consent.

✓Where subcontracts are permitted, the contractor must, among other duties, proceed on competitive grounds, name the City as principal on request, and not impose more onerous conditions (especially regarding payment and securities) on subcontractors than those agreed with the City.

✓The tariff‑compliance annex further requires that any intended Nachunternehmen or Verleihunternehmen submit the same Tariftreue declaration, implying a disclosure duty if such firms are used.

Is there a site visit, and is attendance mandatory? If so: when?

❓In the provided text, there is no mention of a site visit (Ortsbesichtigung) nor any obligation to attend one; no date or condition for such a visit is specified.

In which language must the tender and the supporting documents be submitted, and are documents in other languages accepted?

✓Such as for language requirements and site visit, the Bewerbungsbedingungen make clear that “Das Angebot ist in deutscher Sprache abzufassen” and that the City’s standard forms must be used.

✓Certificates and evidence not issued in German must be accompanied by a German translation.

How long is the bidder bound by the tender (validity period), and is there a deadline for bidder questions? If so: until when?

❓Such as for validity period of tenders and bidder questions, the Bewerbungsbedingungen state that the offer must be submitted “bis zu dem von der Vergabestelle angegebenen Ablauf der Angebotsfrist”, but the actual end date of the tender period is not included in the excerpt; it would be stated separately in the tender notice or on the DTVP platform.

✓The documents instruct bidders that any perceived “Unklarheiten, Unvollständigkeiten oder Fehler” in the tender documents must be notified to the contracting authority “unverzüglich … vor Angebotsabgabe in Textform.” However, no specific calendar deadline for questions, nor an explicit binding period (Angebotsbindefrist) for the bid, is given in the quoted passages; these parameters are likely set in the formal tender notice or cover letter outside the provided text.

Further details

✓The input text concerns the public tender by the City of Hildesheim (Germany) for security services at administration buildings (Markt 1–3 and Hannoversche Straße 6/7).

✓It consists of the Leistungsbeschreibung (service specification), Bewerbungsbedingungen (conditions for bidders under the German UVgO regime), Allgemeine Auftrags- und Zahlungsbedingungen (general contract and payment terms), and several annexes (e.g. tariff compliance declaration under the Niedersächsisches Tariftreuegesetz).

✓The point of view is clearly that of a German municipal contracting authority, operating under German public procurement law below EU thresholds.

✓A European Single Procurement Document (EEE) is acceptable in place of the local “Eigenerklärung zur Eignung”, again with translation duty for foreign‑language documents.