Accord-cadre Agence de communication

✓For the initial selection phase, comparable references are scored on number of references, hours performed beyond 1,500, experience with public or sectoral contracting authorities, and coverage of eight competence areas per ref; up to 81 points are possible, and the top three applicants are invited to submit indicative offers, with a fourth as reserve.

✓In case of tie in the selection, specific sub‑criteria (hours, public‑sector experience, number of references, competence coverage, then drawing lots) decide.

✓Such as illustrated by the contract clauses and procedural conditions, risks and special conditions concern, among others, strict rules on subcontracting, confidentiality, IP rights, and liability.

✓Subcontractors must be identified in the Teilnahmeantrag and indicative offer; their obligation declarations (Anlage VI) must be signed and attached, and any later change or addition of subcontractors requires prior written/text‑form consent by DET, otherwise DET may extraordinarily terminate.

✓General terms of business of bidders are not accepted.

✓There is a broad transfer of all transferable IP rights (including ideas and designs) to DET, including rights to further transfer to third parties, and a confidentiality obligation that survives contract end.

✓The contractor must permanently hold sufficient staff and replace staff in case of repeated breaches, and is liable under general law for damages due to defects, delay or non‑performance.

✓Costs incurred in preparing applications/offers are not reimbursed; DET may cancel the procedure for objective reasons.

✓Questions on participation applications may be submitted at the latest 7 days before the participation deadline, and questions on indicative offers at the latest 6 days before bid submission; all communication must go via the DTVP platform to PwC Legal as the procurement office, with direct contact to DET staff prohibited.

❓No specific penalties or financial guarantees are mentioned; time limits and the binding period for offers are set in the timetable and in the indicative offer form.

✓Such as clarified through the contract’s hierarchy clause, in case of contradictions within the documents, the following order of precedence applies: (1) the contract text itself, (2) the Leistungsbeschreibung (Annex II), (3) the contractor’s offer (including Angebotsformblatt, Preisblatt, concepts and profiles, and other offer documents), (4) the Verfahrensbedingungen (Annex I) and all other tender documents in the version valid at the time of bid submission, including clarifications via bidder questions and DET notices.

✓Thus, if statements in the Verfahrensbedingungen appear to conflict with the Vertrag or Leistungsbeschreibung, the higher‑ranked document (first the Vertrag, then the Leistungsbeschreibung) prevails.

✓In addition, the Verfahrensbedingungen instruct applicants to promptly report perceived contradictions via the platform so they can be clarified for all bidders.

Answers on the required criteria

Must securities be provided (bid bond, performance or warranty guarantee)? If so: which, in what amount and by when?

❓Regarding securities, such as bid bonds, performance guarantees or warranty guarantees, the text does not introduce any requirement for financial guarantees or bonds.

❓Instead, it specifies that the successful contractor must be able to present a valid business liability insurance with coverage of at least 2 million EUR per claim for personal and property damage (twice the amount per insurance year) and 1 million EUR per claim for financial losses including data protection breaches (also twice per year).

✓No bid bond, performance bond or separate warranty guarantee is required, and no submission deadline for such instruments is stated, beyond the general obligation “im Auftragsfall den Nachweis … vorlegen werden”.

Is subcontracting allowed? If so: with which limits and which disclosure duties?

✓Subcontracting is explicitly allowed, such as for event agencies, design, or other communication services, but only under strict conditions.

✓Further subcontracted partial services may only be awarded with the prior written consent of the contracting authority; any later introduction or change of subcontractors likewise needs DET’s consent.

✓If the contractor uses new subcontractors without consent, DET may extraordinarily terminate the framework agreement.

✓Additionally, companies involved as subcontractors, suppliers or capacity‑providing entities that account for more than 10 % of the contract value must not fall under the EU Russia‑related sanctions criteria; bidders must declare this and maintain compliance for the entire contract term, and they must request approval for changes to “Drittunternehmen” after being invited to submit offers, proving that their overall suitability and ranking remain at least equivalent.

Is there a site visit, and is attendance mandatory? If so: when?

❓Concerning a site visit, the input text does not mention any official site inspection or visit to DET locations or terminals as part of the procedure.

❓There is no reference to a bidders’ conference or mandatory or optional site visit, no date, and no attendance requirement.

✓All interactions with DET and the procurement team are to be handled via the online platform and through PwC Legal, and any direct contact with DET staff is expressly prohibited, which confirms that the process is not built around physical presence requirements.

In which language must the tender and the supporting documents be submitted, and are documents in other languages accepted?

✓With respect to language requirements, tenders and participation applications must be submitted in German.

✓The “Verfahrensbedingungen” clearly state that the participation request (“Teilnahmeantrag”) has to be drafted in German and that all conversations and written communication in connection with the procurement procedure and performance of services will be conducted in German.

✓The performance description adds that all project team members must have German at native level or at least C1, and that both German and English C1 competences must be available in the team to handle international contacts and translations.

How long is the bidder bound by the tender (validity period), and is there a deadline for bidder questions? If so: until when?

✓Regarding the binding period of tenders and deadlines for questions, the indicative offer form states that the bidder is bound by its offer “bis zum Ablauf der Bindefrist”; the exact end of the binding period (Bindefrist) will be filled in and communicated together with the invitation to submit indicative offers and, later, the binding BAFO.

❓The procedural timetable specifies, for example, that the BAFO offer period ends on 05.01.2027 and that the award decision and notification under § 134 GWB are planned for January 2027, but the binding period’s exact date is left as a variable in the forms and will be communicated via DTVP.

✓As to bidder questions, such as about unclear provisions, the conditions state that questions on the participation stage can be submitted until at the latest seven days before the deadline for submitting participation requests, and the overall timetable gives a concrete date for “Rückfragen zu den Vergabeunterlagen” of 13.11.2026, ahead of the participation deadline 20.11.2026.

✓For questions at the offer stage (indicative offers), bidders may submit queries up to six days before the offer submission deadline; all queries must be sent via the DTVP “Kommunikation” function, telephone enquiries are not answered, and any answers will be shared in neutralised form with all participants.

Further details

✓Vergabeverfahren Rahmenvereinbarung Kommunikationsagentur der Deutsche Energy Terminal GmbH

✓The input text concerns a procurement procedure under German sector procurement law (SektVO) conducted by Deutsche Energy Terminal GmbH (DET) for a framework agreement with a communications agency.

✓It is clearly written from a German public/sector contracting authority perspective and refers to German law (GWB, SektVO, MiLoG, Gewerbeordnung, BGB) and EU sanctions regulations.

❓No other non‑EU national legal regimes are mentioned.

✓The documents describe a negotiated procedure with prior call for competition, aiming at a single framework contract partner to support DET’s communications activities (such as editorial work, public affairs, media work, stakeholder and citizen communication, events and an info center/showroom).

✓The framework agreement has a basic term of two years, extendable twice by one year, with a maximum of 8,000 billable hours and no minimum call‑off.

✓The procedure is fully electronic via the German e‑tendering portal DTVP, and all contacts must go through the designated legal advisor (PwC Legal) via the platform.