Enregistreur de données

✓However, the contractual conditions (VOL/B, VOL 08 ZVB-Bbg, form 5.2 wage slip and price adjustment clause) define the typical contractual structure: Prices are generally fixed prices including freight, packaging and other costs, deliveries are made free of charge, place of performance and performance is usually the seat of the receiving department, the acceptance times are weekdays in the morning.

✓The deadlines for execution shall be binding; Difficulties must be reported to the client immediately in writing.

✓The contractual conditions also regulate invoicing (auditable documents, net prices, separate statement of VAT, discount only for at least 14 days of payment) as well as the transfer of risk and acceptance.

❓The text does not provide any specific information on evaluation criteria and weighting; he refers in general terms to the fact that tenders are treated in accordance with the UVgO and that the contracting authority informs tenderers of the award or non-consideration (including essential reasons, characteristics/benefits of the successful tender, name of the successful tenderer).

❓Specific points or weightings are missing in the section; they could be expected in the tender specifications or in the contract notice.

✓The risks and special conditions are extensively regulated.

✓If, for example, the contractor violates minimum payment obligations under the BbgVergG, the Minimum Wage Act or the Employee Posting Act, the agreement provides for 5.3 contractual penalties of 1% of the order amount (maximum EUR 25,000) per culpable case, a total maximum of 5% of the order amount (maximum EUR 250,000); each infringement per employee per month is considered a separate case.

✓The contracting authority can report infringements to customs or competent bodies and, in the event of serious infringements, order suspensions (up to three years exclusion from competition).

✓The Contractor undertakes to exercise extensive rights of control (sampling in wage and salary documents, access to business premises, interviewing employees) and to pay monthly non-cash wages and to pass on the obligations to subcontractors and lenders (including identical declarations and contractual penalties in favour of the Contracting Authority).

✓In addition, the ZVB-Bbg grant the client a right of termination in the event of, inter alia, breaches of VOL/B obligations, granting of advantages to employees of the client or significant economic problems (attachment of claims without security).

✓The wage slippage and price adjustment clause stipulates that additional expenses due to an increase in the minimum wage are reimbursable under certain conditions, but with a de minimis and deductible (only over 0.5% of the billing amount).

✓There are special conditions for subcontractors, aptitude loans and consortia: when submitting a tender, the tenderer must indicate the parts of the contract to be subcontracted and the intended subcontractors; the contracting authority may require evidence that their resources are actually available.

✓Subcontractors may not be granted less favourable conditions overall, in particular as regards payment methods and guarantees, than the main contractor itself.

✓In the case of a qualifying loan (Form 4.3, 4.4), the third-party company undertakes vis-à-vis the client to provide the necessary capacities and, if necessary, to be jointly liable with the bidder for the execution of the contract.

✓Consortia must appoint an authorised representative and declare that all members are jointly and severally liable.

✓The bidder's own terms and conditions are expressly excluded; only the contractual conditions of the client apply.

✓Contradictions or corrections within the documents are addressed in the text primarily by hierarchical rules and updating obligations.

✓According to VOL 08 ZVB-Bbg, in the event of discrepancies between elements of the contract, the following order applies: a) Offer with specifications and annexes, if applicable, contract document; b) supplementary contractual conditions; c) ZVB-Bbg; d) VOL/B.

✓As regards the form of submission of tenders, there is no real contradiction: the general conditions of application (VOL 06) mention that tenders can be submitted electronically and, ‘if accepted’, in writing, whereas the specific cover letter from the University of Potsdam for this procedure stipulates that only electronic tenders are admissible via the Brandenburg public procurement marketplace; This more specific procedural rule takes precedence here.