Begutachtung Vegetation und Auswirkung der Pflege (63-Z1253/26)

✓Place of performance is the respective field locations across Saxony; deliverables (reports, databases, GIS data, images) are to be submitted digitally via the SiDaS portal to the Naturschutz/Landschaftspflege department, and must comply with specified technical formats (MS Access, GIS layers, Word, original image formats with specific labelling).

✓Such as regarding award criteria and weighting, the procurement procedure is a public tender (“Öffentliche Ausschreibung”) with no bidder restrictions and with an award criterion of “Preis 100 %”; i.e. the contract is awarded solely on lowest price among offers deemed compliant and suitable, without additional qualitative scoring.

✓Bids must be received by 01.12.2026; the bid binding period (Bindefrist) runs until 05.02.2027, within which the award decision is made and communicated in writing.

✓Non‑considered offers follow § 19 VOL/A rules; reasons for rejection are only provided on request, which can already be made when submitting the offer.

✓Such as concerns risks and special conditions, the contract incorporates the LfULG ZVB and VOL/B as binding conditions, with a strict hierarchy of contractual documents: first the Leistungsbeschreibung including the Eigenerklärung, then the bidder’s offer, then any Besondere Vertragsbedingungen/ZVB AVV, then the ZVB, then VOL/B, statutes, technical conditions, and recognised technical rules.

✓Key risk provisions include: mandatory liability insurance with proof on request, and the possibility of contract termination if insurance coverage lapses; comprehensive liability of the contractor under BGB (including Mangelfolgeschäden); contractual penalty for delay of 0.5 % of the net contract sum per week for the delayed portion, including missed intermediate deadlines or non‑abnahmefähige partial performance, capped at 5 % of the net contract sum, with the right to claim additional damages; strict confidentiality obligations (no disclosure of performance/results to third parties during or after contract term); extensive transfer of exclusive, unlimited usage rights to all project results to LfULG, with contractor obliged to secure rights from any third parties; prohibition of own AGB and of withholding contract deliverables or materials.

✓Subcontracting is only allowed with prior written approval, for competent, reliable subcontractors, with VOL/B conditions back‑to‑back and no less favourable payment terms; the bidder must list intended subcontracted tasks and subcontractors already with the offer, and provide a commitment declaration where capacities are borrowed (Eignungsleihe).

✓Work is a Werkvertrag with explicit acceptance procedure: no deemed acceptance; the contractor must formally request acceptance, and acceptance must be expressly declared; if performance is not “billigungsfähig”, the contractor must correct/improve at no extra cost within a reasonable period; if still not acceptable, the client may refuse acceptance and invoke rights analogous to § 634 BGB.

✓Payment risk is mitigated by staged payments: 70 % of the gross total after acceptance of the agreed interim report, 30 % after acceptance of the agreed final report; invoices must be fully verifiable and meet UStG requirements, and the client may offset own claims and demand repayment of overpayments with interest.

✓The validity period of the offer is limited to the Bindefrist; no compensation is paid for proposal preparation.

✓Questions and clarifications are to be submitted exclusively by email to the named contact in the zentrale Vergabestelle; no site visit is formally mandated beyond the joint kick‑off field inspection after award, which is part of the performance, not of the tender phase.

✓Such as with respect to contradictions or corrections, the ZVB explicitly define which statements prevail in case of inconsistency: the Leistungsbeschreibung including the Eigenerklärung form take precedence over the bidder’s offer; then come any Besondere Vertragsbedingungen/ZVB AVV, then the ZVB, then VOL/B, then statutory rules and technical standards.

✓This means that if the bidder’s offer or any other document conflicts with the Leistungsbeschreibung (e.g. alternative contractual conditions, different deadlines, or divergent technical formats), the Leistungsbeschreibung controls unless the contracting authority has explicitly confirmed a deviation in writing.

✓Equally, any attempt to introduce the bidder’s own general terms and conditions is null, as such conditions are expressly excluded from becoming part of the contract.