Construction d'un monte-personnes et monte-charge hydraulique, 2 arrêts (26-28339)

✓A special rule applies for workshops for disabled persons: they receive a 15% bonus in the value comparison, and where their offer is equally economical as another, the award is made to the workshop; proof of that status must be submitted with the bid.

✓Such as regarding risks and special conditions, the Besondere Vertragsbedingungen (214) stipulate contractual penalties (§ 11 VOB/B) for exceeding contractual deadlines: for each working day of delay on agreed partial deadlines or completion date, a penalty (either as an absolute amount or a percentage of the net contract sum) applies, overall capped at 5% of the net contract sum.

✓Securities for performance and defects (§ 17 VOB/B) are in principle described but explicitly waived by ticking “Auf Sicherheit wird verzichtet”; thus no performance or defect guarantee security is demanded in this tender, unless the alternative clauses become relevant for higher values (the general text mentions thresholds, but the marked “X” clauses indicate waiver).

✓Subcontracting and use of other companies’ capacities are allowed but strictly regulated: such companies must be named in form 233/235; on request, the bidder must present Verpflichtungserklärungen (236) including joint liability for economic/financial capacity in cases of eignungsleihe, and must replace unsuitable third parties on demand.

✓The contract includes special clauses on waste management (Formblatt 241) requiring the contractor to act as waste producer, ensure proper separation and disposal of construction waste, and provide all legally required evidence of orderly waste management.

✓Additional risk-related clauses cover cyber security incidents (mandatory notification to SITiF BW), electronic invoicing via XRechnung and the Zentrale Rechnungseingang BW, mandatory participation in Baustellenbesprechungen twice monthly, and data processing consents.

❓The bid binding period (Bindefrist) ends on 21.12.2026; the offer must be submitted by 23.11.2026 at 24:00 via the authority’s e-platform, in German, using prescribed forms, with electronic or written signatures as specified.

✓Such as in relation to contradictions or corrections within the documents, the templates explicitly resolve some potential inconsistencies.

✓For example, Formblatt 244 states that in case of discrepancies between electronic GAEB/DA XML files and the written versions of the tender or accounting documents, the written version is binding, and any intentional content differences must be marked in the written version by the contractor.

✓While the Teilnahmebedingungen EU (212) describe rules for Nebenangebote (alternative bids), the Aufforderung (211 EU, section 6.1) explicitly states “Nebenangebote sind nicht zugelassen,” thereby overriding the general possibility from the standard text; thus no alternative bids may be submitted despite the general guidance on how they would be structured.

✓Similarly, although the generic text in 214 outlines options for performance and defect securities, the marked boxes (“XAuf Sicherheit … wird verzichtet”) clarify that for this specific procedure the authority waives such security requirements, so the waiver is the applicable statement.

✓Where forms mention that certain declarations “must be submitted when required in the participation conditions,” the participation conditions (212 EU) and the Verzeichnis der Unterlagen (216) show which ones are indeed required here (e.g.

✓Verpflichtungserklärung 236 only on separate request; Eigenerklärung RUS-Sanktion always with the offer).