Najemca gazety "WIRO-aktuell" - Mieszka w Rostocku Wohnungsgesellschaft mbH - GM

✓Such as in the Leistungsverzeichnis, the scope of the contract is the printing, personalisation and delivery of the tenant newspaper “WIRO-aktuell” as print‑on‑demand.

✓The indicative print run is 30,000–35,500 copies per issue, of which around 1,500 are non‑personalised.

✓For pricing, bidders must state an EP (unit price) and GP (total price) for 33,500 personalised copies (position 1) and 1,500 non‑personalised copies (position 2); invoicing will be based on the actually produced quantities derived from monthly updated address lists.

✓Place of performance is the Stadtgebiet Rostock, at objects as per the detailed Leistungsbeschreibung.

✓The initial performance period runs from 01.02.2027 to 31.01.2028, with a contractual extension option twice for one year; according to the “Weitere Besondere Vertragsbedingungen”, the contract renews automatically if not terminated in writing at least six months before the end of the current term, with a maximum overall duration until 31.01.2030.

❓Such as in the “Besondere” and “Zusätzliche Vertragsbedingungen” (VVB 634/635 and VOL/B references), risks and special conditions include: contractual penalties for delay under § 11 VOL/B, calculated as a percentage of the non‑usable part of the performance for each week or working day of delay, with an overall cap (exact percentages to be filled in the form).

✓There is also a separate contractual penalty regime for breaches of minimum labour conditions under TVgG M‑V (up to 5 %, in aggregate up to 10 % of the remuneration, plus right to terminate without notice).

✓A performance security under § 18 VOL/B may be required if the net contract value is at least 50,000 € and if necessary for proper performance; it must be provided as cash deposit or performance bond, using the VHB standard form or an equivalent text, and must be self‑schuldnerisch, unbefristet, with waiver of § 771 BGB defences.

✓Subcontractors (Nachunternehmen/Unter‑Auftragnehmer) may only be used with the contracting authority’s consent and must be bound to the same TVgG M‑V and confidentiality/data protection obligations; technical and organisational measures under Art. 25 and 32 DSGVO must be demonstrated on request.

✓The documents require that any ambiguities or errors in the tender documents be notified to the contracting authority “unverzüglich” before bid submission; no explicit deadline for bidder questions, offer validity period or a mandatory site visit is stated in the excerpts.

✓Such as in the rules on offers and Nebenangebote, award‑related criteria and admissibility conditions are partly procedural: offers must use the official forms, be submitted on time, in euros, with up to three decimal places, net of VAT, and with VAT added at the end.

✓Price reductions are only evaluated if unconditional, stated as a percentage and entered at the designated place on the offer form; others remain part of the contract but are not considered in evaluation.

✓Mixed calculations (shifting unit prices between positions) lead to exclusion.

✓Nebenangebote are only permitted if minimum requirements (where specified elsewhere) are met and the alternative solution is qualitatively and quantitatively equivalent to the base specification; equivalence and fulfilment of minimum requirements must be demonstrated with the offer, and Nebenangebote must be fully broken down by quantities and unit prices.

❓Exact award criteria and their weighting (e.g. proportion of price vs. quality) are not described in the supplied text and must be taken from the missing parts of the tender notice or additional documents.

✓As to contradictions or corrections, the excerpts are largely consistent: the binding status of the long version of the Leistungsverzeichnis is clearly stated; quantities are expressly described as estimates used as calculation basis, while invoicing is to be done on the actual print‑on‑demand quantities, resolving any apparent tension between fixed GP and variable volumes.

Answers on the required criteria

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

✓Such as securities, the “Sicherheitsleistung (§ 18)” clause states that security for fulfilment of all contractual obligations may be required as a percentage of the contract sum (including VAT, excluding change orders), but only if the contract sum is at least EUR 50,000 net and “wenn dies … ausnahmsweise erforderlich erscheint”.

✓Security can be provided either by cash deposit or by a performance bond (Vertragserfüllungsbürgschaft) using the VHB standard form or an equivalent text.

✓The bond must be self‑debting, waive the defences of prior enforcement (§ 771 BGB), be unlimited in time and end upon return of the original, with specific rules on limitation periods and jurisdiction.

❓There is no mention of a bid bond or a separate warranty/defects guarantee; only this performance/security for contract fulfilment is described, and the timing of its submission is not specified in the excerpt.

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

✓Such as subcontracting, the TVgG M‑V bidder declaration contains detailed rules on Nachunternehmen.

✓If the contractor uses subcontractors, it must impose on them all minimum labour and wage obligations it has itself (§ 8 TVgG M‑V), monitor compliance, and ensure that subcontractors in turn impose identical obligations on further tiers.

✓Temporary work agencies and work‑contract companies are explicitly treated as Nachunternehmen.

✓The ILO‑core labour standards clause requires the bidder to use only goods produced in line with ILO core standards and to engage subcontractors only if they issue a corresponding declaration.

✓Additionally, the confidentiality/data protection agreement stipulates that Unter‑Auftragnehmer or other vicarious agents may only be used with the prior consent of the contracting authority and must be bound in writing to the same confidentiality and data protection duties.

✓There is no quantitative limit on the share of subcontracted performance in the text, but there are strong pass‑through and disclosure/consent obligations.

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

❓Such as site visits, the documents describe the place of performance (Stadtgebiet Rostock, “Objekte gem. Leistungsbeschreibung”) and the monitoring of deliveries by the client or its architect/engineer, but they do not mention any bidder site visit (Ortsbesichtigung) or prescribe mandatory attendance.

❓No date or procedure for an inspection visit is stated in the provided text.

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

✓Such as language and submission rules, the tender conditions explicitly stipulate that the “Angebot ist in deutscher Sprache abzufassen”, and the contracting authority’s templates must be used.

✓Certificates not drafted in German must be accompanied by a translation into German.

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

✓Communication with the contracting authority (including bidder questions) must be via the cosinex platform in text form, not by replying to “noreply” emails.

❓Such as tender validity and bidder questions, the excerpt does not give an explicit binding period (Bindefrist) for tenders.

✓It only requires that offers be submitted “bis zu dem … angegebenen Ablauf der Angebotsfrist”.

✓Regarding questions, the text states that any perceived ambiguities, incompleteness or errors in the tender documents must be notified to the contracting authority “unverzüglich … vor Angebotsabgabe in Textform”.

❓Thus, bidder questions are to be submitted as soon as possible before the offer deadline, through the cosinex bidder communication; however, a specific cut‑off date or time for questions is not provided in the material shown.

Further details

✓Public tender conditions for the WIRO “Mieterzeitung WIRO-aktuell” printing contract (Germany)

✓The input text concerns a German public procurement procedure under the Unterschwellenvergabeordnung (UVgO) for printing, personalising and delivering WIRO’s tenant newspaper in Rostock.

✓It includes Bewerbungsbedingungen (conditions of tender), Besondere und Zusätzliche Vertragsbedingungen (special and additional contract conditions), a confidentiality obligation and bidder declarations under the Tariftreue- und Vergabegesetz Mecklenburg‑Vorpommern (TVgG M‑V).

✓The point of view is clearly German, with references to the Bundesrepublik Deutschland, Mecklenburg‑Vorpommern, German civil law (BGB) and EU/EEA data protection rules.

✓Such as background information, the procedure is entirely electronic via the cosinex e‑Vergabeplattform; tenders must be created locally and then encrypted and uploaded.

✓The contract is for printing a tenant newspaper on a “print on demand” basis over an initial term (from 01.02.2027 to 31.01.2028) with an automatic extension option up to a maximum total term of three years (until 31.01.2030), unless terminated in writing six months before the end of the current term.

✓The special conditions reference VOL/B and regulate issues such as monitoring of deliveries, formal abnahme, invoices and contractual penalties for delay.

✓All prices must be in euros, net of VAT, with VAT added at the end.

✓For proof of suitability, companies submit either an “Eigenerklärung zur Eignung” or an EEE; if the offer comes into closer consideration, the bidder must submit supporting certificates.

✓Alternatively, proof can be via an official pre‑qualification register or EU‑standard certificates.