Określenie geometrii koagulacji i pozycji poziomu wody dla projektu modelu wód podziemnych Łużyce (43-Z1171/26)

The scope of the contract is described in the Leistungsbeschreibung as a Werkvertrag for „Ermittlung von Gerinnegeometrien und Wasserspiegellagen“ in the model region of the Grundwassermodell Lausitz. Such as described, the work consists of several AP (Arbeitspakete): data research and compilation of existing digital datasets, determination of channel geometries and water surface levels, checking flow directions, and coupling surface water network to hydroisohypses/groundwater levels to analyse interactions between surface water and groundwater. All work is desk‑based, using existing digital data only; no field surveying or new data acquisition is included. Deliverables are digital datasets suitable for a groundwater‑flow and soil‑water balance model (with coordinate system ETRS89/UTM 33N and height system DHHN2016), all relevant intermediate datasets, and a comprehensive German‑language report (docx and PDF) including data basis, methods, assumptions, corrections, plausibility and QA procedures. Place of performance is primarily the LfULG (Dresden‑Klotzsche, Zur Wetterwarte 11) for presentations and consultations; delivery address is the same department. The performance period is four months from order start, with at least two intermediate meetings (after approx. two months and before the final report) and one final presentation at the LfULG site.

Award criteria and weighting are set out in the Anlage zur Aufforderung and in „Grundlage Punktebewertung“. Such as specified, the Zuschlagskriterien are: Price 40 %, Quality 40 %, Delivery and execution period 20 %. Price is scored on a 0–40 scale, with 40 points for the lowest evaluated price and 0 points for prices at or above twice the lowest, values in between determined by linear interpolation. Quality (max. 40 points) is broken down by AP1–AP4 with qualitative descriptors (innovativ, optimal, durchschnittlich, nicht ausreichend), rewarding complete coverage of the Leistungsbeschreibung and clearly recognisable, innovative and efficient methodological concepts; mere repetition of the description without own concept yields only „durchschnittlich“. The delivery/execution criterion (max. 20 points) evaluates whether the bidder’s time plan respects the four‑month period and how much buffer is built in for delays (20 points for clear, generous buffer, 10 for minimal buffer, 0 for no buffer). The contract is awarded to the tender with the highest total point score; in case of a tie, the lower price wins.

Risks and special conditions arise mainly from the ZVB LfULG, VOL/B references and BBL. Such as described, prices must be fixed and include all incidental costs (taxes, insurance, packaging, transport, licenses, etc.), and no extra payment is granted for side services, travel costs, or IP rights unless explicitly agreed in writing. There is a contractual penalty regime: for each week of delay (including partial services, milestones, or non‑abnahmefähige Leistungen) a penalty of 0.5 % of the net contract sum for the delayed part is due, capped at 5 % in total, and the authority may claim penalties in addition to performance and further damages. The client may withdraw or terminate with immediate effect if, for example, corruption/bribery occurs, obligations under § 4 VOL/B are violated, liability insurance lapses, confidentiality is breached, or reliability/qualification statements are intentionally wrong. Subcontracting is tightly regulated: any transfer of parts of the service requires the client’s prior written consent, detailed information on scope, name and address, registration data of subcontractors, application of VOL/B in subcontracts, and no worse conditions than those agreed with LfULG; the main contractor remains fully liable. The binding period (Bindefrist) is 22.01.2027; offers must be submitted in written form only (no fax, email, electronic submission) by 12.11.2026, properly labelled and signed, otherwise they are excluded. Questions must be asked „in angemessener Frist vor Ablauf der Angebotsfrist“ via the eVergabe platform or Email ([email protected]); telephone answers are not given, and all responses are posted on the platform. There is no site visit requirement; interactions with the client occur through intermediate meetings and a final presentation.

Regarding contradictions or corrections, the documents themselves establish a clear hierarchy and conflict‑resolution rule. Such as stated in ZVB Nr. 1.2, in case of discrepancies, the applicable order is: (a) Leistungsbeschreibung including the „Eigenerklärung“ form, (b) the bidder’s offer, (c) Besondere Vertragsbedingungen (BVB), (d) ZVB LfULG, (e) VOL/B, (f) statutory provisions, (g) general Technical Terms, (h) recognised rules of technology. Other documents such as the BBL are explicitly „zum Verbleib beim Bieter bestimmt“ and do not become contract components, but provide procedural guidance; they cannot override the hierarchy. Thus, if there is any apparent inconsistency between, for example, BBL (which speaks generally of eVergabe software) and the Aufforderung zur Angebotsabgabe/Anlage (which, in this specific procedure, demands physical written submission only), the specific Aufforderung plus Anlage (higher in the hierarchy and procedure‑specific) prevails. Likewise, where ZVB impose stricter rules than VOL/B (e.g. on penalties or mangelfolgeschäden), the ZVB govern as contractual special conditions.