Umowa ramowa z przedsiębiorcą na dostawę, instalację, dostarczanie i transport flexitanks do awaryjnej wody pitnej

The scope of the contract is defined as a framework agreement with one entrepreneur for the “levering, inbouw, beschikbaarstelling en het transport van flexitanks voor nooddrinkwater” for the sector coordinated by AquaFlanders. Such as: it is a public supply contract (leveringen) with CPV codes 41110000‑3 (drinking water) and 65111000‑4 (distribution of drinking water), structured as a raamovereenkomst according to a price list and executed only by call‑off orders (“afroep”) from water companies. There is no guaranteed minimum volume, turnover or exclusivity: the indicated quantities are “vermoedelijke hoeveelheden” used only for comparison and settlement of actual performance, and the contractor cannot claim compensation if these are not reached. Place of performance is mainly at AquaFlanders’ registered office in Antwerp and at various field locations where emergency drinking water is needed; bidders are expected, where concrete locations are referenced, to visit sites to understand local conditions before offering. The agreement starts on 1 January 2027, has an initial term of one year and may be renewed seven times; it ends earlier if the ceiling amount of 216,000 EUR is exceeded. Operational scope includes delivery of flexitank+container/chassis combinations, in‑situ installation and connection to distribution boxes, supervision of distribution, communication with citizens and authorities, subsequent collection of empty containers, de‑installation, waste handling and cleaning, plus annual evaluation meetings and periodic reachability tests (admin tests not paid; physical exercises paid via the bill of quantities).

Award criteria and their weighting are explicitly set out and are based on best price‑quality ratio. Such as: the total comparison price carries 50 points, calculated using a rule of three (lowest price/offer price x 50). Quality‑related criteria total the remaining 50 points: operational capacity and response times (20 points, including evidenced availability, realistic planning, weekend/holiday operations), technical quality and compatibility (15 points, including connection certainty, food safety, traceability, assembly concept), continuity and risk management plan (10 points, including backup capacity, handling of depots and transport risks, escalation) and sustainability (5 points, including waste prevention, processing of flexitanks, transport optimisation, reporting). The bid must include a detailed plan of approach with tests, resource needs at client side, training/documentation for go‑live and risk mitigation measures; the realism, guarantees and added value of this plan influence scores. There is an ordinal scale (0–100) for each (sub)criterion, ranging from “Uitmuntend” (100) to “Onvoldoende” (0), and tenderers must score at least “middelmatig” on each quality (sub)criterion and at least 50% on the overall quality criterion, or they are rejected. Only offers that meet all minimal and essential requirements are then evaluated on these gunningscriteria.

The documents emphasise various risks and special conditions. Such as: subcontracting is explicitly prohibited (Art. 74 KB Plaatsing) because the tasks are deemed essential, yet in case of contractor bankruptcy the assignment can be transferred to another firm, including under‑contractors, upon proposal by the curator (Art. 38/3 KB Uitvoering). The bidder is bound by their offer for 90 calendar days from the submission deadline. Under Belgian law on illegaly staying third‑country nationals and general social/welfare legislation, AquaFlanders may exclude contractors breaching environmental, social or labour obligations; there is a specific “welzijnsclausule” obliging compliance with the 4 August 1996 law on worker wellbeing, and allowing AquaFlanders to take corrective measures at the contractor’s expense after warning. The contractor must maintain insurance for occupational accidents and civil liability towards third parties and be able to present certificates within 30 days after contract signature and at any time on request. Price is a list of unit prices in euros, stated excl. VAT, rounded to two decimals with 21% VAT added at invoicing; all costs inherent to performance (including insurance, packaging, loading/unloading, transport, installation, training, documentation, etc.) must be included. There are detailed revision clauses for changes in Belgian levies (Art. 38/8), unforeseeable circumstances affecting contractual balance (Art. 38/9‑10), and faults by either party (Art. 38/11), with possible measures including extension/shortening of deadlines, other forms of revision, damages or termination. Offers must be in Dutch, submitted electronically only (no paper, no email) via the public procurement platform in specific formats; invoices must be electronic, in XML/PEPPOL BIS, with specified mandatory content and are payable within 30 days after receipt of a regular invoice and supporting documents. AquaFlanders can terminate a call‑off order immediately by registered letter if the contractor no longer can meet obligations; the contractor must notify AquaFlanders of difficulties within ten days, and force majeure cannot be invoked for events not timely reported.

Regarding contradictions or corrections, the input repeatedly refers to both “01-Bestek_flexitank_finaal” and “02-Bestek_flexitank_erratum” and includes an explicit hierarchy of documents. Such as: there is a stated “voorrangsvolgorde” for interpretation—change orders and instructions by the client, then contract signing/sluiting, then announcements and corrections relating to the publication, then the present bestek and annexes, then the contractor’s bid and later approved documents, and finally the inventory. The “erratum” file is clearly a later corrective document, and, in line with this hierarchy and usual practice, its clarifications and changes take precedence over conflicting statements in the earlier “finaal” version, insofar as they are issued as messages/rectifications or as updated bestek text. Furthermore, bidders are forbidden to alter quantities themselves and must rely on the most recent, electronically communicated additions, clarifications and amendments; AquaFlanders reserves the right to further refine the bestek up to contract signature, and those later communications override prior wording where inconsistent.