Atteindre la liberté de combat par la prospection et l'évacuation

Such as for the scope of the contract (what, how much, where, when), the documents state that “die in beigefügter Leistungsbeschreibung bezeichneten Bauleistungen” are to be awarded; the detailed technical scope and quantities are in the LV, plans and other parts of the Leistungsbeschreibung (Baubeschreibung, Pläne, sonstige Anlagen) that become part of the contract. The text provided is generic and does not detail the specific location or quantities; rather, it points to the project identifiers (Maßnahmennummer, Baumaßnahme, Vergabenummer, Leistung) that must be inserted in the forms. Timing is governed by 214: Ausführungsfristen for start and completion are to be fixed either by date, by number of working days after the Auftragsschreiben, by calendar week or by a separate Bauzeitenplan. These become binding Vertragsfristen under § 5 VOB/B for both the start and the abnahmereife Fertigstellung, and possibly further Einzeltermine from the schedule. The bindefrist (offer validity) is set in form 211; bidders declare in 213 that they will remain bound by their offer until the end of that period.

Such as concerning award criteria and weighting, form 211 states that the Zuschlagskriterium is normally the price, determined from the “Wertungssumme” after recalculation of the offer sum including unconditional discounts, the effect of any Lohngleitklausel, and any offered Instandhaltungsleistungen. Alternatively, multiple award criteria can apply according to a separate form 227 “Zuschlagskriterien”, which is listed as an annex but the detailed weighting is not reproduced in the text. A special rule applies for Werkstätten für Behinderte (sheltered workshops): they receive a 15 % “Bonus” in the calculation of the Wertungssumme, and if their offer is equally economical as another offer, they receive the award, provided they prove their status with the offer. Price discounts are only taken into account if unconditional and entered at the designated place in 213. Mischkalkulation (shifting unit prices between positions) is forbidden and leads to exclusion.

Such as concerning risks and special conditions, the participation conditions (212) and Besondere Vertragsbedingungen (214) create several risk and penalty mechanisms. Contract penalties (Vertragsstrafen) are due for delay against any contractual deadline (start, completion, or Einzeltermine from the Bauzeitenplan): per working day of delay, either a fixed euro amount or a percentage of the contract sum (excluding VAT) is charged, with an overall cap on the total percentage of the contract sum. These penalties are cumulative but are offset against any penalty for missing the final completion date. Security/bonds: for contracts from 250,000 € (net), a performance security of 5 % of the gross contract sum (without change orders) is required unless the “verzichtet” option is chosen; security for defects claims equals 3 % of the sum of interim payments at acceptance, unless waived. If security is provided via guarantees, specific standard forms (Vertragserfüllungs‑, Mängelansprüche‑, Abschlags-/Vorauszahlungsbürgschaft) must be used. The tender also includes Brandenburg minimum wage compliance forms (Vereinbarung Mindestanforderungen BbgVergG and NU/Verleiher), which impose contractual penalties of 1 % of the contract sum per proven violation (max. 25,000 € per case and 5 % / 250,000 € total) for underpayment or obstructing controls, plus the risk of an “Auftragssperre” and listing on a central blacklist, and additional obligations to ensure identical commitments from all subcontractors and labour-leasing companies. Subcontracting is allowed but tightly regulated: bidders must state the type and scope of subcontracted works in 233, name the subcontractors already at bid submission, and submit their suitability evidence (PQ number or Eigenerklärung plus certificates) if requested. The offer also includes a declaration in 213 that all non‑listed works will be executed by the bidder’s own company. Further risks include exclusion for unlawful competition agreements; bidders must accept a lump-sum damages clause of 15 % of the gross settlement sum in case of proven anti‑competitive agreements, unless they can prove a lower damage. There is also the risk of exclusion if the bid is not clearly attributable to the bidder, not properly signed, or lacks a required electronic signature/seal.

Such as potential contradictions or corrections within the documents, a few points are clarified by hierarchy. The participation conditions 212 state that the Langfassung des Leistungsverzeichnisses issued by the contracting authority is “allein verbindlich”; any self-made short form LV is permitted but not binding. The Angebotsschreiben (213) repeats that the LV long version is recognized as binding by the bidder. Where the “Aufforderung zur Angebotsabgabe” (211, section C) generically lists many forms as “soweit erforderlich, ausgefüllt mit dem Angebot einzureichen”, the concrete list of which ones are actually mandatory is determined by the project-specific 216 (Verzeichnis der im Vergabeverfahren vorzulegenden Unterlagen); for this tender, 216 ticks only the Angebotsschreiben and LV with prices as obligatory, leaving other forms unchecked unless the bidder’s situation (subcontracting, ARGE, use of other capacities, wood products, Lohngleitklausel) triggers them. For Nebenangebote, 211 may state they are “nicht zugelassen” or “zugelassen”; where 211 says “Nebenangebote sind nicht zugelassen”, that project-specific entry overrides the generic rules in 212 section 4 (which only state how Nebenangebote must be structured and when they are excluded if allowed). Likewise, security clauses in 214 distinguish between cases where security is waived (“Auf Sicherheit … wird verzichtet”) and cases where threshold values trigger mandatory security; the wording makes clear that the threshold rule applies “soweit die Auftragssumme mindestens 250.000 Euro ohne Umsatzsteuer beträgt,” so there is no contradiction but a conditional imposition. In case of unclear or conflicting statements, bidders are expressly obliged by 212 §1 to notify the contracting authority of suspected ambiguities or errors in text form before submitting their bids, and the authority may issue clarifications or amendments which then become part of the tender; bidders confirm in 213 that any such amendments are included in their offer.