Crèche La Ribambelle SB - Isolierung der Decke des technischen Hohlraums

❓The adjudicator also checks exclusion grounds under articles 67–69 of the 2016 law and may request a criminal record extract less than six months old from the bidder deemed to be awarded the contract.

✓The adjudicataire must contract insurances covering work accidents and civil liability towards third parties.

✓Concerning the scope of the contract (what, how much, where, when), the object is the insulation of the ceiling of a technical void in the “Crèche com ‘La Ribambelle’”, located Rue de la Ribambelle 5, 7110 Strépy‑Bracquegnies.

✓The market is divided into tranches: a firm tranche (Tranche 1 – horizontal surfaces and 20 cm downstands on vertical walls) and a conditional tranche (Tranche 2 – an additional 70 cm on vertical walls).

✓The detailed quantities and technical specifications are in Chapter III (not fully reproduced here but referenced).

✓As for timing, the contractual execution period is 2 calendar days on site (Friday and Saturday), excluding delivery lead times, with start date to be fixed with the contracting authority.

✓Execution is currently foreseen in autumn 2027, after completion of renovation works on hydraulic pipes.

✓The warranty period is 12 calendar months starting from provisional acceptance.

✓Offers must be submitted electronically via https://www.publicprocurement.be by the deadline indicated in the contract notice; they are valid for 180 calendar days from the offer submission deadline.

✓Payment is made once, after provisional acceptance, within 30 days of receiving the declaration of claim, the detailed statement of works and the electronic invoice (PEPPOL XML), with monthly progress payments possible only if an extension of time is granted.

✓On award criteria and weighting, the text specifies that price is the sole award criterion: the authority will choose the economically most advantageous offer based only on price.

✓No variants or options (free, mandatory or authorised) are allowed.

✓The conclusion of the contract covers the whole market but only commits the authority for firm tranches; conditional tranches are subject to a later decision.

✓Prices are “marché mixte” under article 2 of the AR of 18 April 2017, must be in euros, and include all charges except VAT.

✓The authority reserves the right to review prices that appear abnormally low or high and may request written justifications within 12 days (or a longer period it sets); it may also use external information for this analysis, which will be communicated to the bidder for comments.

✓As to risks and special conditions, the documents impose a series of obligations regarding social dumping, subcontracting, safety and penalties.

✓Subcontractors may be used, and their capacities can be relied on for selection, but the adjudicataire remains fully responsible and must seek prior approval for additional subcontractors.

✓It is forbidden for a subcontractor to subcontract the whole task or to keep only coordination; an additional subcontracting tier is possible only under unforeseeable circumstances or with written approval.

✓All subcontractors must not be in exclusion situations and must respect social and labour obligations.

✓The contracting authority can order immediate stop of work by any non‑compliant subcontractor (order of service) with all consequences at the adjudicataire’s risk.

✓For workers not under Belgian social security, LIMOSA (L1) and A1 documents must be provided before they start on site; no worker may be housed on site, and their residence addresses must be communicated if housing is provided elsewhere.

✓The contract contains strong clauses against social fraud: if the adjudicataire or any subcontractor employs illegal third‑country nationals or seriously fails to pay wages on time, the company must immediately stop working on site until evidence of rectification is given, is considered in default, and has a reduced defence period (5 working days) under article 44 RGE.

✓In addition, serious breaches may lead to measures of office and sanctions like exclusion from future markets or agréation sanctions (article 48 AR 14 January 2013).

✓Defects in execution (for example, such as not meeting contractual conditions, not respecting deadlines, ignoring written orders, or breaching environmental/social/labour obligations) are recorded by procès‑verbal and must be remedied without delay; failure can trigger sanctions under articles 45–49 and 86–88 of the AR of 14 January 2013.

✓The safety and risk section (SIPP clauses) provides a detailed risk analysis for a crèche environment.

✓It identifies, for instance, risks after works (such as insufficient insulation, finger trapping, ergonomic discomfort, water/air tightness defects, noise and lighting issues, allergies, odours, biological risks, vandalism) and risks during works (such as dust, noise, electrical hazards, transport and handling risks, chemical risks, cuts, falls, and interactions between children, staff and workers).

✓As a preventive measure, works should normally be carried out during the crèche’s annual closure to avoid risks related to children.

✓The bidder, by submitting an offer, confirms that it can manage the identified and any additional known risks, in compliance with European rules, RGPT, and the Code du bien‑être au travail; it must supply safety data sheets, fire behaviour documentation and installation conformity attestations before installation.

✓The text also stresses amiante (asbestos) management: an inventory is annexed or available on request; the bidder must inform its staff of any asbestos presence and, if it sees a potential danger, propose appropriate treatment measures including associated costs.

✓The adjudicataire must inform the authority about inherent risks and mitigation measures, cooperate in site coordination, and, where multiple interveners are present, be able to appoint a safety and health coordinator and prepare required plans.

✓Specific obligations are set out for accident reporting, cooperation with prevention services (SIPP), and for fire safety (placement and signalling of extinguishing equipment as per articles III.3‑17 and III.3‑18 of the Code).

✓No special contractual guarantees (cautionnement) are required, there is no price revision, and no advances are granted given the short execution period.

✓With respect to contradictions or corrections within the documents, the text repeatedly states that there are no derogations, precisions or comments (Néant) to the standard regulatory framework, and it confirms that, unless otherwise specified, the law of 17 June 2016 and the ARs of 18 April 2017 and 14 January 2013 apply.

✓Where timing conflicts could be inferred (execution period fixed at 2 days but currently planned in autumn 2027), the binding contractual rule is the 2‑day execution period; the calendar reference (“prévue à l’automne 2027”) is indicative of planning and remains subject to coordination with the contracting authority.

❓Overall, when in doubt, the explicit clauses in the Cahier spécial des charges and the referenced Belgian legal provisions take precedence.