Contrat-cadre relatif aux services de sécurité dans la zone urbaine de Leipzig

✓The contract period is fixed in the notice as 10.12.2026–09.12.2027, with a framework “Rahmenzeitvertrag” in which no claim exists to any minimum call-off quantities.

✓The Leistungsverzeichnis specifies that listed quantities are purely fictitious annual calculation quantities for tender comparison; after award, each position will have quantity “1” and remuneration will be based solely on the agreed unit and lump-sum prices and the actually performed services.

✓Billing is generally per effective working hour, with a minimum of two hours per single order and subsequent billing in 15‑minute increments; surcharges of 10% (night 23:00–06:00), 25% (Sunday) and 50% (holiday) apply only on the hourly rate, not on travel flat rates (group 7) or technical services (group 8).

✓Einzelaufträge will usually be ordered at least three working days in advance in writing via a standard “Muster Einzelauftrag Sicherheitsdienstleistungen”; in exceptional events, additional staff must be provided within 60 minutes.

✓As to award criteria and weighting, the documents state that there is no lot division and that only one lot is tendered.

✓The award criterion is purely economic, based solely on price, weighted at 100%, as shown in the “Wertungsschema” of the Leistungsverzeichnis and reiterated in the notice (“Vergütung (Preis) 100%”).

✓The evaluated figure is the total offer amount (net, including any unconditional discounts) derived from the fictitious quantities and the bidder’s unit prices, including any offered skonto under the condition of at least 14 days payment term.

✓Non-price criteria (quality concepts etc.) are not part of the formal scoring but appear as minimum requirements in the qualification declarations (e.g. hotline 24/7, personnel qualifications, DIN certifications) that must be met for the offer to be considered.

✓In terms of risks and special conditions, the text sets out, such as, strict rules on mixed pricing (Mischkalkulation) – distributing real unit prices across other items leads to exclusion.

❓There are no explicit performance guarantees or other financial securities specified (field “Höhe etwa geforderter Sicherheiten” remains blank).

✓However, there is a strong insurance obligation: an existing Betriebshaftpflicht with specified minimum cover is mandatory; the client can suspend payments until a valid certificate is presented.

✓The contract general terms (VOL/B and BGB supplementing) further regulate, for example, that the contractor is fully responsible for compliance with labour, social and tax laws (including minimum wage), must indemnify the client in the event of third-party claims caused by the contractor’s misconduct, and that the client’s liability for damages caused by third parties to the contractor is excluded.

✓Subcontracting of partial services is allowed only insofar as declared in the offer; later changes require prior notification and approval in text form, and subcontractors must meet all professional, fiscal and regulatory prerequisites.

✓Bidders are reminded that offering consortia must submit a joint and several liability declaration (form 234).

✓The binding period (Bindefrist) runs until 09.12.2026.

❓No site visit obligation is mentioned in the provided excerpts.

✓Concerning contradictions or corrections, the documents specify a clear hierarchy of contractual documents: first the signed contract, then any negotiation minutes, the specification/Leistungsbeschreibung, house rules, the contractor’s offer, and finally relevant statutory and regulatory provisions; in case of conflicts within equal-ranking documents, the more specific provision prevails.

✓As such, if there is inconsistency between an older version of a form and updated bidder information, the latest version and explicit clarifications from the contracting authority apply.

✓For example, an initial reference to DIN 77200:2017 in the Eigenerklärung was corrected via bidder Q&A to the current DIN 77200‑1:2022‑10, and the authority announced provision of an updated form; thus the corrected DIN version is decisive.

✓Similarly, earlier tender documents were superseded by “Version 2 der Vergabeunterlagen”, which bidders are expressly required to use; failure to use the latest uploaded version can lead to exclusion.

Answers on the required criteria

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

❓In relation to securities, the contract conditions and the contract notice section j) “Höhe etwa geforderter Sicherheiten” are included, but no concrete amounts or types of financial guarantees (such as bid bonds, performance guarantees or warranty guarantees) are specified there; no separate security clauses are set out in the provided excerpts.

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

✓As to subcontracting, the documents (such as the 632EU Bewerbungsbedingungen and the draft contract) state that use of other undertakings’ capacities (Unteraufträge/Eignungsleihe) is allowed, provided the bidder lists the subcontracted service parts and companies via form 235 and, on request, submits commitment declarations (form 236) and evidence of suitability.

✓The contract further requires that any not previously declared subcontractors may only be used after prior notification in text form and approval by the contracting authority; all contractual obligations (e.g. compliance with minimum wages, social security, confidentiality) must be flowed down to subcontractors.

✓Additionally, for subcontractors without formal “Eignungsleihe”, at least self-declarations on exclusion grounds according to §§ 123, 124 GWB and on Russia sanctions (Art. 5k of Regulation (EU) 833/2014) are required, and the client may demand permits and certifications where legally necessary.

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

❓Regarding site visits, there is no mention in the extracted notice, the bidding conditions or the Q&A that any site visit (Bieterbesichtigung/Ortsbesichtigung) is scheduled or mandatory; the tender is structured as a framework contract with individual call-offs across Leipzig without fixed, pre-identified single sites to be visited beforehand.

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

✓On language and documentation, the 632EU conditions explicitly require that the offer be drafted in German (“Das Angebot ist in deutscher Sprache abzufassen”), and the Eignungsnachweis section clarifies that certificates not in German must be accompanied by a German translation.

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

✓Concerning binding period and bidder questions, the contract notice fixes the bid submission deadline at 09.11.2026, 08:00 and the bid validity (Bindefrist) until 09.12.2026.

✓The Q&A document furthermore refers to an already expired deadline for bidder questions set in the contract notice, namely 08.10.2026, which indicates that clarifications had to be submitted by that date, although the contracting authority later extended the offer deadline and continued answering some questions.

Further details

✓The input text concerns an EU-wide open procedure under the German Vergabeverordnung (VgV) for a framework contract on security services in the building stock and other properties of Leipziger Wohnungs- und Baugesellschaft mbH in Leipzig, Germany.

✓The documents and standard forms (e.g. 632EU, 124_LD) are German federal templates, and the point of view is that of German public procurement law within the EU framework (references to GWB, VgV, EU Regulation 833/2014).

✓By contrast, specific insurance requirements are clearly imposed: for instance, the draft contract requires a business liability insurance with minimum cover of 3,000,000 EUR for personal and property damage and at least 100,000 EUR for pure financial loss, and the bidder’s self-declaration repeats these minimum sums.

✓These insurances must exist for the entire contract term and be proven before contract conclusion on request; otherwise, the client may withhold payment.