Probenahme, Transport und Zwischenlagerung von Sickerwasser zur Ermittlung der Nitratverlagerung unter landwirtschaftlicher Flächen im sächsischen Trockengebiet (72-Z1092/26)

✓Samples must be stored immediately after sampling in dark at ≤4 °C, and transported regularly to the BfUL; invoices are issued per campaign after sample delivery and protocol submission.

✓Such as concerning award criteria and their weighting, the “Aufforderung zur Abgabe eines Angebots” states explicitly that the only Zuschlagskriterium is “Preis”.

❓No qualitative weighting is foreseen; all technical requirements are treated as minimum criteria (Eignung).

✓Price must be offered as a fixed total price including all incidental costs per campaign and separately for the first, accompanied campaign in each lot, with detailed calculation of effort by person-hours per campaign.

✓Prices are to be stated net of VAT but with indication of the applicable VAT rate, while under the ZVB they are treated as “feste Preise”, including VAT and all incidental costs (insurance, transport, packaging, manuals, etc.), meaning the fixed price must economically cover all such components; discounts also apply to later change orders.

✓Such as the main risks and special conditions, the documentation emphasizes: (i) strict form and deadline requirements (written offer, no email/fax submission, correct outer labelling of the envelope, signed offer and forms, otherwise exclusion; Angebotsfrist 17.11.2026, Bindefrist 15.01.2027); (ii) subcontracting only with prior written consent and full continued responsibility of the main contractor, with subcontracts mirroring VOL/B and non-worse payment conditions; (iii) confidentiality of the tender and Leistungsbeschreibung, with prohibited publication or use beyond offer preparation; (iv) contractual penalties (Vertragsstrafe) under ZVB for delay or non-conforming partial performance: 0.5 % of the net contract sum per week of delay for the delayed part, capped at 5 % of the net contract sum, without prejudice to further damages; (v) stringent liability rules including full liability for consequential damage (Mangelfolgeschäden) beyond VOL/B limitations and obligation to indemnify the authority against third-party claims including data protection violations; and (vi) termination rights: the authority may withdraw or terminate immediately for corruption-related acts, violation of § 4 VOL/B duties, lapse of liability insurance, breach of confidentiality, or intentionally false statements on reliability/competence.

✓Questions on the tender must be submitted “in angemessener Frist vor Ablauf der Angebotsfrist” and exclusively by email or via the eVergabe platform; responses are published there.

❓A specific “site visit” obligation is not stated, but the first campaign in each lot is accompanied by the contracting authority for on-site instruction.

✓Such as in relation to contradictions or corrections between documents, the ZVB establish a clear hierarchy in case of conflicting statements: (a) Leistungsbeschreibung including the “Eigenerklärung” form, (b) bidder’s offer, (c) any Besondere Vertragsbedingungen, (d) ZVB, (e) VOL/B, (f) statutory law, (g) any general technical conditions, (h) generally accepted technical rules.

✓Where the Ausschreibung or Leistungsbeschreibung deviate from ZVB, these specific rules prevail (explicitly stated in the Leistungsbeschreibung: “Im Übrigen gelten die ZVB … soweit diese Leistungsbeschreibung keine abweichenden Regelungen getroffen hat”).

⚠For example, the Aufforderung requires price indication “ohne USt. (netto)”, while the ZVB define fixed prices as including VAT and all costs; interpreted according to the hierarchy, bidders must state net prices with VAT rate in the offer, but the contractual understanding is that the agreed total prices are fixed and encompass all cost components listed in the ZVB.

✓Likewise, any differing instructions on invoicing in the Leistungsbeschreibung (e.g.

✓XRechnung channel, campaign-wise invoicing) refine and override the more generic invoicing clauses of the ZVB where necessary.