Contrat-cadre pour l’achat d’équipements de théâtre consommables

✓If the bidder relies on other entities’ capacity, a formal “Verbintenis in de zin van artikel 73 KB plaatsing” must be submitted.

✓There are no explicit financial/economic turnover criteria, as the contracting authority deems the consulted operators financially capable.

✓Bidders must also indicate which parts of the contract they intend to subcontract and which subcontractors they propose, and, where applicable, submit the form on deviating VAT rates.

✓Foreign bidders must be able to provide all exclusion‑ground evidence and comply with Limosa obligations.

✓The scope of the contract (what, how much, where, when) is described in the technical and contractual provisions.

✓Such as, the subject is a framework agreement for the purchase of theatre technical consumables, with core items listed in an inventaris and additional items from the bidder’s tailored catalog.

❓The estimated total uptake is €115,000 incl. VAT over the whole term, but this is only indicative and can be increased or reduced without compensation.

✓The contract duration is 48 months from the start date stated in the award letter.

✓Deliveries must be made within a single, clear delivery time in calendar days (no “if in stock” wording), starting the day after the order is sent.

✓Deliveries are to various culture houses and venues in Antwerp (e.g.

✓Schouwburg De Kern, Cultuurhuis CORSO, Arenberg, Schouwburg Noord, Stadsmagazijn, De Klap) and potentially other locations across Antwerp and its districts, including other entities in the Stad Antwerpen purchasing group.

✓Each delivery must be properly packaged, accompanied by a signed delivery note, and generally delivered franco, except for orders below a minimum value specified and evaluated in the award criteria.

✓Award criteria and weighting are clearly set out.

✓Such as, the contract is awarded to the economically most advantageous regular offer based on two main criteria: Price (70 points) and Service (“Dienstverlening”, 30 points).

✓Price is subdivided into: (1.1) total price of items in the inventaris (55 points, scored by rule of three relative to the lowest total); (1.2) price of drop cost under the minimum order value (10 points, with zero price allowed and rewarded with maximum points, others scored via rule of three both for drop cost and for the minimum order value at which franco delivery applies); (1.3) price of drop cost for urgent deliveries (5 points, again zero price allowed for maximum points, others scored via rule of three).

✓The Service criterion requires a detailed plan of approach and is assessed on diversity and availability of catalog products, digital ordering and web shop/PunchOut capabilities, advisory services, delivery times and stock availability including same‑day urgent deliveries, collection options with robust identity control, training offers, recycling systems, warranty periods, and any other added value.

✓Insufficient information may make it almost impossible to evaluate an offer and lead to exclusion.

✓The authority may negotiate initial and improved offers, potentially in phases, limiting the number of bidders based on these award criteria.

❓The text also addresses risks and special conditions for bidders.

✓Such as, there is no standard advance payment, and no performance bond is required if the award amount is below €500,000 excl.

✓VAT (which is the case for this estimated framework).

✓There is a specific, bidder‑favourable price‑revision mechanism based on FOD Economie CPI index 8.1 (information and communication equipment), allowing the contractor (and the authority ex officio) to request price revisions during the term under defined timing rules; irregular revision requests are rejected but can be resubmitted.

✓The city may unilaterally terminate the framework with three months’ notice without compensation.

✓The contractor must take out insurance for occupational accidents and civil liability towards third parties and provide proof within 30 days of award.

✓The authority imposes a broad IP indemnity clause deviating from article 23 KB uitvoering: the contractor fully indemnifies the authority for any third‑party IP infringement, regardless of contract value.

✓For personal data processing, compliance with the GDPR (AVG) is required and a processor agreement will be concluded if the contractor processes personal data on behalf of the authority.

✓Social law provisions from the Sociaal Strafwetboek apply, including specific rules on illegal third‑country nationals and wage debts; in certain serious infringement cases no damages are due to the contractor when the authority orders a suspension under article 38/12 KB uitvoering.

✓Foreign employers and self‑employed persons must fulfil Limosa notification duties and show proof or exemption before starting activities in Belgium.

✓The authority can transfer the contract to another contractor (e.g. a proposed subcontractor or the next ranked suitable bidder) in cases such as those described in articles 67‑69 of the wet overheidsopdrachten, with the transferee assuming all rights and obligations.

✓The bidder must avoid conflicts of interest and “revolving doors” by not involving ex‑employees of the authority for two years after they left.

✓The bidder must agree to possible product demonstrations on request, support SAP Ariba catalog setup (Excel or PunchOut/webshop, EDI/Peppol), maintain catalog exports and participate in robust order and identity‑control processes.

✓On contradictions or corrections within the documents, the text mainly clarifies deviations and integrations rather than presenting conflicting statements.

✓Such as, it explicitly states that the bijzondere algemene voorwaarden in the separate “Bijkomende bijlagen en toelichtingen” form an integral part of the bestek, and that by submitting an offer bidders accept both documents.

✓It also explicitly records a deviation from article 23 KB uitvoering regarding mutual IP assistance, replacing it with a one‑sided, full indemnity in favour of the authority.

✓If bidders identify any errors or gaps that make pricing or comparison impossible, they must raise questions via the e‑Procurement forum at the latest ten calendar days before the offer deadline; otherwise, they risk losing the right to challenge the legality or accuracy of the documents later.