Acuerdo marco Formatos de consultoría Coaching, formación y mediación

✓Such as: price (via an Excel price sheet per lot) weighted 30%; concept plus qualification and competence profile weighted 60%; and a negotiation interview weighted 10%.

✓Detailed Bewertungsmatrix documents explain that price points are allocated in relation to the lowest bid (best price gets 30 points; others are scaled), and that concepts are assessed on aspects like CV, target groups, professional understanding (coaching/training/mediation), process description and use of methods, with up to 10 raw points multiplied by a weighting factor.

✓The structured interview (Verhandlungsgespräch) covers self-presentation, presentation of a typical day or case, and in-depth questions, with up to 10 raw points (excellent, good, satisfactory, etc.) again multiplied.

✓A bidder is admitted to the “pool” for a lot if at least 65 points overall are achieved; there is no limitation on the number of framework partners per lot, but a bidder may submit and receive awards for a maximum of three lots.

✓Risks and special conditions are set out mainly in the Bewerbungsbedingungen, the “Zusätzliche Allgemeine Vertragsbedingungen” and the Besondere Vertragsbedingungen.

✓Such as: strict anti-competition and anti-corruption clauses allow the client to terminate for cause and impose damages (15% of settlement amount for collusion, 5% contractual penalty for corruption-related offences); bidders’ own general terms and conditions are not allowed and lead to exclusion.

✓There is a provision that all ancillary costs (travel, accommodation, room rental) must be included in the hourly/day rates; no separate reimbursement occurs, though internal guidelines (e.g. 0.30 EUR/km, max. 90 EUR/night) are referenced.

✓Price increases are excluded for the first 12 months, then may be requested annually under strict deadlines and justification; certain legally mandated cost changes (minimum wage, taxes, tariffs) can be adjusted at any time.

✓Subcontracting and “Eignungsleihe” are permitted but must be fully declared, with joint liability for financial/economic capacity when borrowed.

✓There are penalties for overpayment (repayment plus 8% interest above the base rate), contract law only under German jurisdiction, and for foreign contractors the German text prevails.

✓Question deadlines are set (e.g. queries only in writing by a certain date via the e‑Vergabe system); several sections confirm that electronic submission in German is mandatory and that variants and multiple offers are not allowed.

✓The input also reveals various procedural conditions and potential contradictions or clarifications.

✓Such as: the TED notice and the Angebotsaufforderung both state that electronic submission via the RIB platform is required and that variants/alternative offers are not permitted, while some standard text in the Angebotsaufforderung still refers to options for written and different electronic signature forms; the operative statement is that offers must be submitted electronically via the designated platform in German.

✓Another repeated element is the rule on after-deadline completion of documents: “alle fehlenden Bieterunterlagen” may be requested at the buyer’s discretion, but performance-related documents that influence the evaluation under the award criteria (Konzept, competence profile, etc.) cannot be requested after the deadline; this more specific restriction prevails.

✓Also, Nebenangebote are generally not allowed for this procedure, even though the standard Bewerbungsbedingungen contain detailed rules for Nebenangebote; the explicit statement “Nebenangebote sind nicht zugelassen, die Regelungen aus den Bewerbungsbedingungen gelten nicht” governs.

❓Overall, where the generic standard texts conflict with the specific statements for this tender, the specific tender provisions (TED notice plus Besondere/Ausführliche Vertrags- und Bewerbungsbedingungen) apply.

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 with regard to securities: the documents set out standard contractual and payment conditions but do not mention any requirement for bid bonds, performance guarantees or warranty guarantees.

❓There are detailed provisions on overpayments and interest, and general VOL/B conditions and “Zusätzliche Allgemeine Vertragsbedingungen” become part of the contract, yet nowhere is a specific surety, guarantee or bond (e.g. in a given euro amount or percentage) required from bidders or contractors.

❓Thus, within the provided text, no securities need to be furnished, and no deadlines or amounts for such instruments are stipulated.

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

✓Such as on subcontracting and bidder consortia: the “Bewerbungsbedingungen” explicitly allow the use of Unterauftragnehmer (subcontractors).

✓Bidders intending to subcontract parts of the service must indicate in their offer the type and scope of the subcontracted services and identify the subcontractors by name, legal representative and contact details.

✓On request, they must supply further suitability evidence (Eignungsnachweise) for these subcontractors, show via commitment declarations that the necessary capacities are available, and, where using Eignungsleihe for economic/financial capacity, those other undertakings must be jointly liable for contract execution.

✓Bidders must replace any other company that is subject to exclusion grounds or does not meet suitability criteria within a deadline set by the contracting authority.

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

❓Such as concerning site visits: the documentation includes no reference to an inspection of premises, project sites or facilities, and no “Ortsbesichtigung” or “Besichtigungstermin” is scheduled or mandated.

❓The framework agreement concerns services delivered in Schleswig‑Holstein (coaching, training, mediation for staff) rather than a construction or physical delivery project, and there is no requirement or date for a site visit; attendance is therefore neither foreseen nor compulsory based on the provided text.

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

✓Such as regarding the language: the “Bewerbungsbedingungen” state that the offer must be drafted in German (“Das Angebot ist in deutscher Sprache abzufassen”), and the TED notice confirms that offers/requests to participate must be submitted in German only.

✓The contract terms specify that for contracts with foreign contractors the German‑language contract wording is exclusively binding, and declarations and negotiations are conducted in German; German law applies exclusively.

✓Certificates from foreign bidders must be submitted in an equivalent form from the country of origin with a certified German translation.

✓Bescheinigungen not in German must be accompanied by a German translation.

✓The tender documents themselves are officially available only in German.

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 bid validity and question deadlines: the “Aufforderung zur Abgabe eines Angebots” sets out an Angebotsfrist (deadline for submission of offers) and a Bindefrist (validity period), stating that the bidder is bound by the offer until the end of the Bindefrist.

❓Additionally, it specifies that queries must be submitted exclusively in writing (via the e‑procurement system or email) to GM.SH, contact person John Stange, by a fixed date and time: questions are to be sent no later than 05.01.2027 at 23:59.

Further details

✓The input text concerns a German public procurement procedure by Gebäudemanagement Schleswig-Holstein AöR (GM.SH) for a four-year framework agreement covering coaching, training and mediation services.

✓It is an EU‑wide tender (referencing Richtlinie 2014/24/EU and GWB/VgV) published via TED and run through the German e‑procurement platform “meinauftrag.rib.de”.

✓The country perspective throughout is that of Germany (including references to German law: GWB, VgV, UVgO, BGB, VOL/B, Wettbewerbsregistergesetz).

✓The framework is divided into lots (Coaching, Training, Mediation) with defined maximum values, and bidders can apply for up to three lots.

✓Bietergemeinschaften (joint bids) are allowed, but all members must sign the offer, name a lead partner (Konsortialführer), declare joint and several liability, and, in non‑open procedures, consortia formed only after the invitation to tender are not accepted.