Supply, installation and management of a dry separation toilet in the Friedwal...

✓The place of performance is Bernau near Berlin (Friedwald as a specific place of employment, place of performance and place of jurisdiction Bernau), the operational organisation includes, among other things, the appointment of a project manager with knowledge of German at least C1, the availability of a contact person with decision-making authority at any time and the establishment of an accident/disruption notification point with an obligation to react within two hours in the event of security-relevant disruptions.

✓As regards the award criteria and their weighting, it is specified that the most economical tender will be determined solely on the basis of the price criterion with a weighting of 100 %; Only the gross total price according to the price sheet is relevant to the evaluation.

✓Discounts shall only be taken into account if they are granted unconditionally; Discounts or discounts linked to other services are not taken into account.

✓Unusually low or 0.00-EUR approaches can be subject to price clarification in accordance with § 44 UVgO.

✓Prior to the award of the contract, the information point must be consulted in accordance with the Brandenburg Public Procurement Act (blocked list) and – above certain contract values – in the competition register and, where applicable, in the commercial central register.

✓Subsidiary tenders are explicitly not allowed, several main tenders of a tenderer lead to exclusion, unless it is clearly apparent that a later tender replaces an earlier one.

✓The documents contain numerous risks and specific conditions for the contractor.

✓For example, there are extensive obligations under the BbgVergG: payment of a minimum fee of currently EUR 13.00 gross per hour, including for delivery and subsequent services; Submission of anonymised/pseudonymised pay slips (at least annually or with invoices) and toleration of random checks, including the right to enter business premises and interviewing employees.

✓Violations of minimum wage or posting laws are reported to the customs authority, can lead to order suspensions and trigger contractual penalties of 1% of the order amount per culpable case, up to a maximum of 5% or EUR 250,000, as well as a special right of termination of the client.

✓Contractual penalties under the terms of the contract relate to delays in scheduled care and poor performance/non-performance at 0.2% of the net fee per day of delay/deficiency, limited to 5% of the net annual sum.

✓The contractor must provide liability insurance with certain minimum amounts for the entire duration of the contract; a reduction in the insurance cover must be notified immediately and is entitled to terminate the contract without notice.

✓In addition, strict rules apply to confidentiality, the use of procurement documents, the subcontracting chain (mandatory disclosure of the BbgVergG declarations), the period of validity (from the notice) and compliance with procurement and antitrust law, including undue restrictions on competition.

✓Questions concerning ambiguities (“tenderer questions”) must be asked before submitting a tender; Replies become part of the relevant contractual basis.

✓With regard to conflicting statements or priorities, the terms of the contract and the Additional General Terms and Conditions of the contract contain a clear order of precedence or hierarchy of validity.

✓For example, the specific contract of the City of Bernau stipulates that in the case of ambiguities and contradictions, the terms of reference with their annexes and the clarifications given in the procedure (e.g. answers to tenderers' questions) apply first; within these notices, the last notice takes precedence.

✓This is followed by the price sheet, the special contractual conditions of the city, then the General Contractual Conditions VOL/B and the Additional Contractual Conditions of the State of Brandenburg.

✓In turn, the ZVB-Bbg regulate a ranking (deed of contract/offer with service description, supplementary contractual conditions, ZVB, VOL/B).

✓General terms and conditions of the contractor shall only become effective if expressly agreed.

✓In the absence of required documents, the contracting authority may, while observing transparency and equal treatment, make additional claims, but expressly not for price-relevant documents such as the price sheet; If additionally requested documents are not submitted on time via the procurement marketplace, the tender must be excluded.

✓This determines which statements apply in the event of possible contradictions and how corrections are to be made in the procedure.