Umowa ramowa dotycząca oczyszczania nieżeglownych cieków wodnych, kanałów i ich przyległości oraz koszenia chropowatej roślinności obrzeży dróg, kanałów, skrajów i wadis

✓Technische bekwaamheid requires a list of analogous works over the last three years, backed by certificates of good execution, specifying description, client, contract value and execution period; at least two attestations are required for both (a) cleaning non‑navigable watercourses and their appurtenances, and (b) mowing rough vegetation of verges/ditches/berms, each with a minimum contract value of 125,000 EUR excl. VAT.

✓Required contractor recognition is categories B1 and G3 (watercourse cleaning), class 4. The offer must be drafted in Dutch, the inventory completed on the provided form, all documents dated and signed (qualified electronic signature via e‑Procurement), with supporting powers of attorney/statutes attached for signatories.

✓On scope, quantities, place and period, the contract is defined as a “opdracht tegen prijslijst” where unit prices are fixed and quantities are presumed or expressed within ranges; settlement is based on actually ordered and executed quantities.

✓Such as in II.5 and the annexes, the presumed quantities are listed in a separate “samenvattende opmeting” (Bijlage B) and detail measurement file, but the city stresses these are not indicative of the total offer amount and may be increased, decreased or deleted without compensation.

✓The works cover: preparatory and traffic regulation, cleaning and maintenance of watercourses/ditches/pools, mowing works, thinning/removal of woody growth, removal of trees/stumps, additional works on a time‑charge basis (regie uren), materials/works reimbursed via a “som ter beschikking van het bestuur” with a 10% margin, and specific sludge removal where the contractor must document quantities via weigh tickets and VLAREA transport documents.

✓The framework duration is 48 months, with regular evaluations; the contracting authority may terminate with three months’ notice in case of negative evaluation, the contractor with six months’ notice.

✓On award criteria and weighting, the input text sets out four criteria totaling 100 points.

✓Such as in I.10: (1) Price – weight 60, evaluated by “regel van drie” formula (lowest price divided by the bid’s price, times weight 60).

✓(2) Plan of approach and sustainability – weight 15, including which equipment will be used, planned work method, how sludge/berm cuttings will be removed, and sustainability actions in the work process; scored via a ranking formula that distributes max points across bidders.

✓(3) Communication and reporting to the city – weight 20, also scored via the same ranking‑based formula.

✓The contract is awarded to the economically most advantageous tender considering all weighted criteria.

✓Additional qualitative expectations include careful planning of site traffic, avoiding heavy transport in school environments/routes at start and end of school days except during holidays, and adherence to the city’s “Werftransport” charter.

✓As to risks and special conditions, the documents include extensive provisions.

✓Such as I.4 and I.11, prices are subject to indexation only after 12 months from contract signature and only if the framework is expressly extended; the price revision formula uses labour cost indices and applies to the revisable portion, with supporting calculations required.

✓The commitment period for tenderers is 180 days (Art. 58 KB 18.04.2017).

✓Subcontracting is limited: no more than 25% of the total contract sum may be subcontracted, and subcontractors must hold the same recognitions and certificates; they may not start work until documents are available.

✓Insurance requirements are stricter than the generic rules: besides standard accident and liability cover, the contractor must carry “burgerlijke aansprakelijkheid uitbating” including environmental damage, immaterial and bodily harm, with minimum capital 2,500,000 EUR per event, waiver of recourse against the contracting authority, and proof of policy plus premium payment within 30 days of award.

✓No performance bond (“borgtocht”) and no warranty term (“waarborgtermijn”) apply, but the contractor bears all deductibles and non‑covered damages; all safety signalling, waste transport and water usage are included in unit prices.

✓Penalties and execution risks are detailed.

✓Such as II.11, a general standard specifications penalty is set at 400 EUR, plus specific penalties: 120 EUR per damaged/disappeared muskrat/rat control device; 30 EUR per missing boundary marker per day until replaced by a surveyor at contractor’s cost; 900 EUR per irreparably damaged or wrongfully felled tree/shrub; 15 EUR per m² of removed talus; 300 EUR per offence for leaving spoil requiring removal on banks or for unprotected spoil; 300 EUR for not following prescribed execution methods.

✓Delay‑related penalties include supervision costs of 4,500 EUR/month for contractor‑caused delay (II.12) and 300 EUR per non‑executed or incomplete post per watercourse/ditch for failure to meet partial deadlines (II.13).

✓In urgent cases the contractor must start within 48 hours of service order (II.14).

✓The authority can modify presumed quantities, add or remove items without compensation (II.15), and may require Sunday/holiday work at double unit prices for own‑labour items.

✓The contractor must notify if presumed quantities will be exceeded by more than 10%; only the portion above 10% is payable after explicit approval, and delayed payment of that portion cannot trigger interest.

✓Works can be suspended due to weather without compensation (II.17), with the contractor maintaining signage and detours at his own cost.

✓On other special conditions, the documents set procedural and legal obligations.

✓Such as II.7, e‑invoicing via the PEPPOL platform in XML format is mandatory; the city will not be liable for late payments caused by incorrect or untimely e‑invoicing.

✓Payment terms are 30 days from acceptance and measurement of works, subject to receipt of a compliant invoice and supporting state of works.

✓GDPR compliance is addressed, and there is a specific clause on avoiding cooperation with companies profiting from economic activities linked to the illegal occupation/blockade of Gaza, West Bank and East Jerusalem; by submitting a bid, the tenderer declares compliance and must seek alternatives if immediate compliance is not feasible at the start of performance.

✓A further clause limits the bidder’s right to sue the client’s auxiliaries directly, except in cases of intent, fraud or harm to physical/psychological integrity.

✓The tender must be signed with a qualified electronic signature; a scanned signature is invalid.

✓I.11 price revision, insurance clauses and contract duration are repeated), but they appear consistent: the framework duration is always 48 months, start date 01/01/2027; maximum value is consistently 749,000 EUR excl.

✓VAT; no borgtocht or warranty term apply; subcontracting is capped at 25%; and penalties/boetes are uniformly defined in II.11–II.13 and referenced from Art. 45 and 154 of the KB 14.01.2013.

✓Where the special conditions deviate from the general regulations (e.g. modification of quantities in II.15, enhanced insurance requirements, absence of warranty term, specific penalties), the text clearly qualifies them as afwijkingen or bijkomende bepalingen.

✓Therefore, in case of any apparent discrepancy between the standard regulations and these special clauses, the specific provisions of this particular bestek (special specifications for OD_SOW‑26.4/866.13) apply as the lex specialis within the Belgian legal framework cited.