Renovierung der Räumlichkeiten des CERAIC von Trivières (LLV)

✓The contract is a “marché mixte” for building renovation, including site installation, demolition and evacuation, painting, electrical works and other finishing works, detailed in the technical description and the “métré” (e.g. items 01 état des lieux, 02 installation de chantier, 03 modifications gros œuvre et démolitions, and numerous painting/finishing posts).

✓The quantities themselves are in the metered bill of quantities (Annexe C) – the text notes that all indicated measures are indicative and not contractually binding, and that the contractor must take definitive measurements on site.

✓The execution period is 80 working days (“80 jours ouvrables”) and the guarantee period (warranty) is 12 calendar months from provisional acceptance.

✓Payments are made monthly based on progress statements; the authority has a 30‑day payment period, and e‑invoicing is mandatory via PEPPOL, with specific invoice content requirements.

✓Award criteria and weighting are very simple: the price is the sole criterion of attribution.

✓Such as: the authority chooses the “offre économiquement la plus avantageuse déterminée sur base du prix”, with no technical or qualitative scoring, no variants and no options allowed (variants and options “interdites”).

✓There is an explicit mechanism for verification of abnormally low or high prices: the authority can ask for written justifications within 12 days, may use external data, and will submit those data to the bidder for comment.

✓The bidder’s price must include all charges except VAT, and also the costs of implementing the annexed Safety and Health Plan; any additional prevention measures imposed later that go beyond general legal obligations or result from ordered modifications can be remunerated via the price revision or change‑order mechanisms.

✓Price revision is permitted using a formula indexed on labour cost (S,s) and materials index (I‑2021,i‑2021) for defined posts.

✓There are numerous risks and special conditions, particularly on sanctions, guarantees, subcontracting, social dumping, validity and visits.

✓Such as: a 5% performance bond (“cautionnement”) on the initial amount (excluding VAT), rounded up, is required within 30 days of contract conclusion; it is released half at provisional and half at final acceptance.

✓For SMEs that qualify under article 163 of the 17/06/2016 law, an advance payment is granted: 20% for micro‑enterprises, minimum 10% for small, minimum 5% for medium enterprises, subject to a written request and supporting documents.

✓The bidder remains bound by its offer for 180 calendar days from the offer deadline.

✓The offer’s introduction on paper is forbidden; only electronic submission with qualified e‑signature is allowed.

✓Any objections to the tender conditions must be sent by registered mail at the latest 10 days before the offer deadline.

✓A site visit is compulsory; its attestation must be attached to the offer.

✓Subcontracting is allowed but strictly regulated: subcontractors must meet exclusion rules and, where relevant, agréation requirements; the adjudicator remains fully responsible; subcontractors may not re‑subcontract the whole of their share or keep only coordination; extra levels of subcontracting need unforeseeable circumstances or prior written approval.

✓Social‑dumping clauses require LIMOSA L1 and A1 documents for non‑Belgian social‑security workers, prohibit lodging workers on site, and impose immediate suspension of work in case of illegal third‑country workers or serious wage payment breaches.

✓Dumping‑related breaches, or non‑compliance with environmental/social/labour obligations (art. 7 law 17/06/2016), can lead to sanctions up to exclusion from future tenders or agréation measures (articles 45–49, 86–88 AR 14/01/2013, article 48 RGE), and “mesures d’office” as per article 47 §2 RGE.

✓As to contradictions or corrections, the text explicitly addresses the relationship between the cahier spécial des charges and other documents.

✓Where the technical chapter refers to standards, it states that “ou équivalent” applies in the sense of public procurement law, except where a specific law makes a standard mandatory.

✓Measurements in the technical description are stated as indicative and “non contractuelles”; the binding statement is that the contractor must measure on site, so in case of conflict the on‑site measurements prevail for execution (subject to the price mechanism).

✓There is also a repeated reminder that by submitting an offer, the bidder accepts all clauses of the cahier spécial des charges and waives its own general conditions, and that any added conditions or reservations may render the offer “substantiellement irrégulière”.