26-0288 Appareils BGA LV.377.7c

✓The price is determined from the recalculated offer value (Wertungssumme) based on the after‑checked totals including unconditional discounts, and only price reductions that are unconditional percentages on the settlement sum and entered in the designated field of L 213 are evaluated.

✓Variants / Nebenangebote are explicitly not permitted for this procedure (Formblatt L 211 marks Nebenangebote “nicht zugelassen”; Nr. 5 Bewerbungsbedingungen EU therefore does not apply), though multiple main offers are allowed, provided each is independently awardable.

✓Such as regarding risks and special conditions, the texts set numerous contractual and procedural obligations.

✓The bid must remain valid for 60 days; electronic submission is mandatory (written offers are expressly excluded).

✓Question deadlines are fixed: requests for clarification must be submitted at least 10 calendar days before submission; in TED the deadline for additional information is 13.11.2026, 11:00.

✓There is no public bid opening for bidders; only client representatives attend.

✓Contractual risks include: security for performance (if contract value ≥ 250,000 EUR net: 5 % of contract sum incl. VAT) and for defects (3 %), provided through suitable bank/insurer guarantees conforming to L 215 (self‑debtor surety, waiver of certain defenses, unbefristet).

✓Contract penalties (Vertragsstrafen) apply for each working day of delay in start, completion or individual deadlines, capped at 5 % of the settlement sum; details are in L 214.

✓Additional risks include strict site rules (smoking/alcohol ban, SiGeKo safety requirements, restricted access routes, cleanliness obligations, possible deduction of costs for fire brigade deployments due to improper work), data exchange rules (GAEB DA XML), and an Equal‑Pay clause.

✓Subcontracting and “Eignungsleihe” are tightly regulated: the bidder must identify subcontracted scopes and other companies’ capacities (L 235), provide commitment declarations (L 236), and ensure that such companies are suitable and jointly liable where economic/financial capacity is borrowed.

✓Bietergemeinschaften must submit the L 234 declaration, appoint an authorized representative, and accept joint and several liability.

✓The client itself procures a BauRisk and Excedenten‑Haftpflicht insurance covering the project, but the contractor remains bound by deductibles and obligations from that insurance.

✓Such as concerning contradictions or corrections, the documents repeatedly clarify hierarchy and applicable statements.

✓The long form of the Leistungsverzeichnis is explicitly the only binding version; any GAEB‑XML or other data files are merely working tools, and in case of discrepancies the written version prevails (L 244).

✓While L 211 generically mentions the possibility of both electronic and written submission, this specific procedure overrides that with the note “Eine schriftliche Angebotsabgabe ist nicht zugelassen”, so only electronic offers via the platform are valid.

✓Similarly, standard text in the Bewerbungsbedingungen on Nebenangebote is neutral, but the specific L 211 for this tender clearly excludes Nebenangebote, which therefore governs.

✓Where L 124 uses “+” markers for optional Eignungsnachweise, the actual requirements and timing depend on what the contracting authority has ticked in the tender documents and Listing in L 211 / EU notice; these specific entries take precedence.

✓For review procedures, the applicable deadlines and rüge obligations are those in § 160 GWB as reproduced in the notice (e.g. 10‑day rügefrist, 15 days after “Nichtabhilfe”-Mitteilung).

✓Overall, in case of doubt, the combination of the EU notice, L 211 (specific Aufforderung zur Angebotsabgabe), and the long Leistungsverzeichnis/control forms (L 214, L 215, Beiblatt L 214, technical conditions) determine which statements apply.