Zakup samochodu ciężarowego 16T MMA 4X2 wyposażonego w hydrauliczny dźwig załadowczy i tylną wywrotkę dla gminy Dour

✓The situation juridique (motifs d’exclusion) is covered by a self‑declaration: by participating, the bidder attests not being in an exclusion case under articles 67–69 of the 17 June 2016 law and, where applicable, declares corrective measures under article 70. After analysis, the selected tenderer will be asked for an extract from the criminal record proving absence of specific convictions and insolvency situations.

✓As for insurance, the adjudicataire must, within 30 days of contract conclusion, take out and justify insurance covering work‑accident liability and civil liability towards third parties, and must be able to present the insurance certificate on request within 15 days.

✓Concerning the scope of the contract (what, how much, where, when), the technical description (Part III) and the erratum define the object as the supply, assembly, commissioning, regulatory reception, homologation and user training for an ensemble composed of: a 4x2 truck (16 t MMA), a hydraulic loading crane behind the cab, a rear steel tipper, full hydraulic installation, and all safety and signalling equipment required for Belgian and EU road conformity.

✓The ensemble is to be mounted on a 4x2 chassis with 16‑ton PTAC provided by the adjudicataire (corrected from adjudicateur by the erratum).

✓The truck must be capable of transporting a loaded 5‑ton spreader with centre of gravity 1.50 m in front of the end of the tipper floor.

✓Quantitatively, the inventory shows one truck, one crane, one tipper and one grapin option, all at unit quantity 1. The place of performance (delivery location) is the hall de maintenance, Avenue Victor Regnart 3B, 7370 Dour.

✓The maximum delivery period is seven months from the day following notification of the award.

✓The guarantee period is 24 calendar months starting from the date of provisional acceptance at the delivery place; provisional acceptance or refusal is recorded at the end of the 30‑day payment/verification period, and definitive acceptance occurs at the end of the warranty period, implicitly if no complaint has arisen.

✓Payment must be made within 30 days from delivery, subject to receipt of a compliant electronic invoice in the PEPPOL XML format, including specified mandatory data fields.

✓As for award criteria and weighting, the text specifies that the economically most advantageous offer based on best quality/price ratio is sought.

✓The award criteria are: price (70 points), delivery time (10 points) and “plus‑value” relative to minimum technical characteristics (20 points in total: 5 for higher truck payload above the minimum 6.7 t, 10 for crane reach and load capacity above minimum values, and 5 for additional equipment beyond the described technical clauses).

✓As such, the price score is calculated proportionally: score = (lowest offer price / evaluated offer price) × 70. Delivery time is scored proportionally for commitments below the maximum seven months.

✓The qualitative plus‑value components are similarly scored proportionally against the minimal specs.

✓Variants are prohibited; no free variants or options are allowed.

✓However, there is one compulsory option: a toothless grapin 60 cm wide with rotator, which must be priced; the contracting authority may decide at order stage whether to include it.

✓Concerning risks and special conditions, several elements apply.

✓There is no performance bond (cautionnement) and no price revision; prices are fixed.

✓Nevertheless, clauses de réexamen allow certain contract modifications without a new procedure, including complementary supplies/services (article 38/1 AR 14.01.2013), de minimis changes (38/4) and non‑substantial changes (38/5), so estimated quantities may increase or decrease.

✓Advances are granted only if the adjudicataire is a micro, small or medium enterprise as defined by EU recommendation of 6 May 2003: 20% for micro, minimum 10% for small, minimum 5% for medium, on a defined reference value; reimbursement is offset against payments when 30% and 60% of services are completed, and an advance is only paid upon dated written request.

✓Regarding subcontracting, the bidder may rely on subcontractors’ capacities but must attach documents showing their commitment to provide necessary means; subcontractors must not be in exclusion cases under article 67 unless they have demonstrated reliability under article 70. Any change of subcontractors requires prior approval.

✓The contractor remains fully liable to the contracting authority, which has no contractual link with subcontractors.

✓Additionally, there are mandatory clauses when the contractor or its subcontractors employ third‑country nationals in illegal stay or seriously fail to pay workers’ remuneration: upon certain social‑penal notifications or legally required workplace postings, the contractor or subcontractor must immediately stop going to the site or continuing execution until contrary order or proof of payment, and must insert analogous clauses in all their subcontracting contracts.

✓The clause d’exonération excludes extra‑contractual civil liability for damage resulting from non‑performance of contractual obligations, except for bodily or psychological harm, intentional faults or criminal offences.

✓Data‑protection obligations reference GDPR: the awardee and its subcontractors, acting as controllers, must use personal data only for contract execution, legal obligation or with explicit consent; Annex B reproduces key GDPR article 28 provisions on controller‑processor relations.

✓Although a specific questions deadline and site visit are not explicitly described in the extracted text, it is stated that any errors or omissions in documents that impede offer preparation must be notified at least 10 days before the submission deadline by registered mail, and that bidders should consult questions and answers on the forum.

✓On contradictions or corrections, the key identified contradiction concerns who supplies the 16‑ton chassis.

✓The original technical description states that the ensemble is mounted on a 4x2, 16‑ton PTAC chassis supplied by the “adjudicateur” (contracting authority).

✓The erratum document explicitly corrects this, stating that “adjudicateur” must be replaced by “adjudicataire”; thus, the contractor supplies the chassis.

✓Therefore, for the purposes of tendering and execution, the statement in the erratum prevails over the original, and the bidder must include the chassis in its offer.

✓Additionally, the documents consistently indicate “capacité économique et financière… non applicable”, so there is no turnover or balance sheet threshold beyond the technical reference list.

❓Where there may be potential ambiguity (such as whether the saleuse is included), the text clarifies that the truck must allow transport of a 5‑ton spreader but does not state that the spreader itself is part of the supplies; thus, only the truck/crane/tipper ensemble and the specified mandatory option are to be furnished.