2018HBA003_38 Obras de Maestros Constructores BA 2

As regards the documents to be submitted and their suitability, the contracting authority requires that the tender be accompanied by certain forms and supporting documents. These include in particular: the tender letter (213.H), the completed list of services with prices, form 221 or 222 for price determination, form 127 (statement of reference to Russia), if applicable, offer for wage slip clause (224), declaration of tenderer/working group (234), list of subcontractor services (233) and list of services/capacity of other companies (235) for subcontracting/suitability lending, and forms 248, 2481 and 2491 (timber products, local plants, child labour). In addition, FB 2493 (Measles Protection Act Declaration) and the Self-Declaration of Suitability (124) or the Single European Self-Declaration (SEPD) must be submitted, unless pre-qualification is available. Upon separate request within a period (generally 6 calendar days according to the announcement), numerous confirmations must be submitted, such as trade registration / trade card, extract from the trade register, reference documents according to FB 444, turnover data of the last three years, number of employees, safety certificates from the social security fund, tax office and professional association, exemption certificate according to § 48b EStG, proof of professional / business liability insurance (at least 3 million € personal injury, 1 million € property / property damage) as well as evidence of any self-cleaning measures.

As regards the aptitude and minimum requirements, it is stated that the ability to pursue a profession (registration in professional/commercial/commercial registers), economic and financial capacity (turnover, insurance, no insolvency/liquidation, proper tax and social security payments) and technical and professional capacity (at least three comparable completed references of the last five years, sufficient workforce, technical qualifications if applicable) are required. Pre-qualified companies can demonstrate their suitability via the PQ number; non-prequalified companies must submit Form 124 or an ESPD with subsequent evidence. In the case of consortia and subcontractors, the self-declarations and supporting documents must also be provided and joint liability for performance of the contract is required in the case of a qualifying loan (Form 235/236).

The award criteria are clear: both the invitation to tender and the contract notice clarify that the price is the only award criterion (no further quality or time criterion is weighted). The evaluation is based on the ‘Valuation total’, which is formed from the recalculated offer total including discounts taken into account, any reimbursement amounts from the wage sliding clause and maintenance offers. Although Form 216 generally mentions ‘documents relating to the award criteria’, such as the construction schedule and the acceleration scheme, it must be assumed, in view of the TED indication (‘price is the only award criterion’), that these passages are generic model texts and do not serve as independent evaluation criteria for this specific procedure.

Risks and special conditions include, in particular, contractual penalties, securities, payment deadlines, requirements for electronic procurement and invoicing, as well as occupational health and safety obligations. For example, a contractual penalty is provided for each working day of delay in the event of breach of contractual deadlines: 0,1 % of the objectively justified invoice amount (excluding VAT) per working day, capped at a total of 5 % of the invoice amount; Individual deadlines are calculated on a pro rata basis. Due to the ‘special nature’ of the contract, the deadline for final payment and the occurrence of late payment under § 16 VOB/B is extended to 60 days. A security (guarantees by client form) may be required for claims for performance of the contract and for claims for defects, depending on the amount of the order; In some cases, the BVB waives collateral; the specific percentages are left open in the model. Subcontractor and suitability loan constellations are strictly regulated (forms 233, 235, 236, 126, joint liability in case of suitability loan). In addition, special obligations apply such as measles protection (FB 2493), compliance with minimum labour law conditions (minimum wage, AEntG, AGG, EntgTranspG), prohibition of chemical-synthetic plant protection products, and documentation obligations (construction diary, extensive digital inventory documentation as a prerequisite for auditing).

As regards time limits and procedural arrangements, it is stated that the time limit for the submission of tenders ends at 10:10 a.m. on 18 November 2026, followed by the opening of tenders to the public on the same date. The period of validity of the tender shall be 60 days from the date of submission of the tender. Questions relating to the procurement documents must be raised ‘immediately’ before submission of tenders, in accordance with the conditions of participation; the TED notice also specifies a deadline for requesting additional information by 12.11.2026, 10:10. Tenders may be submitted either electronically via the iTWO tender award platform with bidder client ‘ava-sign’ (text form or signature/seal) or in writing in a sealed envelope; Tenders which have not been submitted in due time and in due form will be excluded. The documents mention the Vergabekammer Südbayern (Government of Upper Bavaria) as a review body and represent the time limits for complaints under § 160 GWB. A formal site visit is not specifically prescribed in the text; in any case, it is not explicitly mentioned as a prerequisite for participation.

With regard to possible contradictions or corrections, it should be noted that some forms (e.g. 216, 214.H) contain generic placeholders that are not completed completely on a project-by-project basis (e.g. ‘days’ at the final payment deadline, percentages for securities). The relevant design results from the combination of Special Conditions (214.H), Notice (TED) and Invitation to Tender (211 EU). Where there are different formulations, the following usually applies: specific, project-specific information in the call and the BVB as well as in the notice shall be provided on a flat-rate basis. A clear contradiction in terms, for example with regard to the award criterion (price vs. other criteria), is resolved by the fact that the notice expressly defines ‘price alone’; therefore, the ‘acceleration scheme’ and construction schedule referred to as an example in Form 216 are to be understood here as documents that cannot be assessed separately, even if they may serve as the contractual basis for the deadlines.