Systèmes d'alimentation en chaleur -Pompe à chaleur (Zimm.Verk) (26-49449)

In terms of content, the documents describe an open procedure for the performance ‘Heat supply systems – Heat pump (Zimm.Verk)’ for the construction project ‘78658 Zimmer, Steinhäusle 18 – ZI Verkehrspolizeiinspektion, Steinhäuslebühl’. The scope of services includes, on the one hand, the actual work according to detailed specifications (heat pump with accessories, heat storage system, electric heating insert, etc.) and, on the other hand, a maintenance and inspection contract (‘Maintenance 2018’), which is already enclosed as a model contract and must be completed by the tenderer with the tender. The place of performance is the said police property; the construction site is located, inter alia, in the entry area of a police helicopter landing site and in the security area of a traffic police inspection with camera surveillance and special access regulations.

The documents to be submitted with the tender (form 216, section 1) include, in particular, the tender letter (213), the completed specification of prices and product information for specific items (heat pump, storage, electric heating insert), the ‘self-declaration of suitability’ (form 124) or alternatively the indication of a PQ number or a Single European Self-Declaration, forms 221/222 for price determination, if applicable 224 (wage guidance clause if change rate is offered), 233 (subcontractor services in case of planned subcontracting), 234 (tendering association), 235 (services/capacities of other companies), 248 (wooden products), the contract form maintenance (maintenance/inspection) and, if applicable, 225a (subcontractor services in case of planned subcontracting), 235 (services/capacities of other companies), 248 (woodene products), the contract form maintenance (maintention/inspection) and, if applicable, 225a (substance guidance clause on material prices without underlying value). In terms of suitability, the self-declaration requires, inter alia, turnover for the last three financial years, performance of comparable services in the last five years (later by means of three references with detailed information on performance, quantities, personnel, order amount, execution period, etc.), information on workers, registrations, absence of insolvency, reliability, proper payment of taxes/social contributions, membership of the trade association and tariff/tax clearance certificates, which must be submitted on separate request. For the maintenance contract, proof must also be provided of liability insurance in certain amounts of cover to be determined by the customer (material, personal and financial damage).

Regarding the scope of services and the execution deadlines, it can be seen that the construction work begins on 10.05.2027 and is ready for acceptance on 23.02.2028; several individual deadlines from the construction schedule (raw assembly/underfloor heating/finished assembly for extension and dog kennels) are set as contractual deadlines. The site installation must be carried out by the contractor on allocated areas; Construction electricity, construction water and chemical toilets are provided by the client, the disposal of rubble and garbage including separation and landfill costs is entirely up to the contractor. The work takes place mainly on weekdays from 7 a.m. to 7 p.m. during the day-to-day operation of the police station; strict access and security rules apply (e.g. security check of all employees, carrying of visitor passes, carrying of passes, coordination with the guard). For maintenance, the maintenance model regulates, among other things, the subject matter of the contract, the scope of maintenance and minor repair work, reaction obligations in the event of malfunctions, contract duration (start on the day after acceptance of the construction, term/years and renewal option to be determined by the customer), remuneration (fixed price or wage-based adjustment) and a limitation period for claims for defects arising from maintenance of 1 year.

The award and evaluation criteria are very clear: The award criterion is the price determined from the ‘value’ of the tender, taking into account discounts, reimbursement amounts from the wage sliding clause and maintenance offers. Further qualitative award criteria are not specified in this passage, although reference is made to an ‘annex to 211 EU’; It is important, however, that the price is decisive. In addition, workshops for the disabled are granted a bonus of 15% of the value; for the same economic efficiency, a workshop for disabled persons will be awarded the contract if it proves its quality with the offer. Side offers are explicitly not allowed (cross in 211 EU), so the corresponding point 4 of the EU conditions of participation does not apply.

In the case of risks and special conditions, the following are noticeable: There are binding contractual deadlines with the possibility of contractual penalties per working day of delay (the specific amount in euros or percent must still be entered in form 214; as a whole, the penalty is limited to 0.00% of the contract amount, which in fact does not currently provide for an economic penalty as long as this value is not changed). A contract performance guarantee of 5% of the contract amount (including VAT, without supplements) must be provided for a net order amount of €250,000 or more; for claims for defects, a security of 3% of the advance payments at the time of acceptance is agreed. The contractor must provide at least 70 % of the services not performed by third parties with permanent staff; sub-contractors are also required to have at least 70 % of their permanent staff (Form 962 EU). Subcontractors shall be made transparent through Form 233 and Letters of Commitment (236); in the case of a qualifying loan, there is joint and several liability between the bidder and third-party companies. In addition, there are special security and data protection requirements: background check for each person working on the site by the State Criminal Police Office, handling of plans/documents classified as VS-nVD (no disclosure without consent), reporting obligations in the event of cyber attacks to the IT Security Centre (SITiF BW), use of the PlanTeam server (PTS) for data exchange, obligation to issue electronic invoicing (XInvoice) and requirements for waste disposal and IT/video monitoring of the site. The closing date for the submission of tenders is 10.11.2026, 2 p.m.; the period of validity expires on 22.12.2026.

Conflicts or contradictions within the documents are above all apparent: The conditions of participation (212 EU) contain general rules on side offers, which, however, are specifically overridden by Form 211 EU; since there is a tick on ‘additional tenders are not allowed’, this specific exclusion takes precedence. Similarly, for documents to be submitted, 211 EU simply refers to the ‘list of documents to be submitted in the procurement procedure’; this is specified in form 216 and is therefore decisive for the tenderer. In case of discrepancies between data exchange files (GAEB/DA XML) and the written version, the written version is expressly binding according to form 244. In total: Specific ticks and additions in 211, 214, 216, 242, 241, 244 and the ‘Additional Special Terms and Conditions’ shall take precedence over the general standard rules of the MA forms; In the event of ambiguity, 212 EU requires the tenderer to submit a written request before submitting a tender.