Commune de Kirchheimbolanden; environnement de l'hôtel de ville - travaux de soins agro-horticoles

✓It also sets out site‑related conditions: the place of performance is the Rathaus surroundings in Kirchheimbolanden; only limited storage and workspaces are provided; the contractor must arrange and pay for its own water, wastewater and energy connections and sanitary facilities; parking is restricted; and existing trees and structures must be protected per DIN 18920 and RAS‑LP 4. The performance period is a three‑year maintenance phase, with detailed working cycle frequencies in the LV; exact calendar dates and intermediate deadlines (Ausführungsfristen, Einzelfristen) are to be set in the Besondere Vertragsbedingungen (FB 634).

✓Such as, section 6 states that the main Zuschlagskriterium is the price: the “Wertungssumme” is derived from the recalculated offer sum, taking into account discounts.

✓Where multiple Zuschlagskriterien exist, these are specified in a separate Formblatt “Zuschlagskriterien” (FB 227), though no detailed weighting is shown in the provided extract, so for this tender price appears to be the decisive criterion.

✓A special rule applies for “Werkstätten für Behinderte”: they are granted a 15 % bonus in the calculation of the Wertungssumme, and if their offer is as economical as another, the contract is awarded to the workshop; proof of status as a recognised workshop for disabled persons must be submitted with the bid.

✓Nebenangebote (variants) are either disallowed or allowed under conditions stated in section 5 of FB 631; if allowed, purely conditional price discounts are excluded, and any submitted Nebenangebote are implicitly included in the offer, including cumulative combinations that do not conflict, according to the declaration in the Angebotsschreiben (FB 633).

✓Risks and special conditions are mainly covered by the Besondere Vertragsbedingungen (FB 634), the Zusätzliche Vertragsbedingungen (FB 635), the LTTG documents and the data protection information.

✓Such as, FB 634 introduces contractual penalties (Vertragsstrafen) for delay: for each complete week or, if specified, each working day of exceeding contractual deadlines, a percentage of the non‑usable part of the service (based on the portion of the contract meant to be completed by that time) is payable; total contractual penalties are capped at a percentage of the net contract sum.

✓FB 634 also provides for security for contract performance (Sicherheitsleistung) in the form of cash deposit or a performance and defects liability bond, if the net contract sum is at least €50,000 and security appears necessary; the bond must follow a specific VHB form, be self‑debtorship, governed by German law, be unbefristet, and be issued by a credit institution or credit insurer authorised in the EU/EEA or WTO GPA states.

✓FB 635 imposes an anticorruption clause and competition rules: if the contractor or staff engage in collusion or offer or grant advantages to public officials in connection with the contract, the contracting authority may terminate or rescind the contract under § 314 BGB, and the contractor owes a lump‑sum damage payment (15 % of the settlement sum for collusion) or a contractual penalty (5 % for prohibited advantages), subject to proof of different actual damages; other claims remain unaffected.

✓FB 635 also defines billing rules (net prices plus VAT, no compensation for VAT changes after delays attributable to the contractor), formal abnahme (acceptance), start of limitation periods for defect claims, and detailed requirements for time‑sheet‑based (Stundenverrechnungssätze) services.

✓The texts clarify that communication occurs via the electronic Vergabeplattform, that offers are to be submitted electronically (with identifiable bidder and, where required, electronic signature/seal) or in sealed written form before the Angebotsfrist, and that the offer binds the bidder until the end of the Bindefrist; missing signatures or names for electronic offers lead to exclusion.

⚠Subcontracting is regulated via the Verzeichnis der Nachunternehmerleistungen (FB 233), which requires the bidder to identify the type and scope of subcontracted partial services and, on request, the names of subcontractors; the employer has to ensure that subcontractors and staffing agencies also comply with LTTG tariffs and minimum wages and that respective declarations are provided.

✓The data protection notice (DSGVO information) explains that data will be processed for procurement, not transferred to third countries, and may be shared internally within the intercommunal cooperation and externally with supervisory and auditing bodies, as well as being partially published in certain award scenarios, e.g. naming the winning contractor.

❓Site visit and question deadlines are not explicitly detailed in the provided extract; however, bidders are instructed to address queries via the Vergabeplattform and must observe the specified Angebotsfrist in FB 631.

✓The remark “siehe (Auftrags)Bekanntmachung” in FB 631 for the list of required documents means that any specific deviations or additions (e.g. other certificates, exact deadlines, or changed reference periods) in the official contract notice take precedence over generic form wording; for example, the standard 3‑year reference period in FB 124 LD can be replaced by another period stated in the Bekanntmachung.

✓Where the Besondere Vertragsbedingungen (FB 634) and Zusätzliche Vertragsbedingungen (FB 635) differ from VOL/B standard clauses, the special and additional conditions apply, as they are expressly made part of the contract in FB 631.