Abbruch- und Rückbauarbeiten, 1. Bauabschnitt (26-86424)

✓The tender will be evaluated in accordance with 211 EU: The award criterion is the price determined from the ‘valued amount’ of the tender, i.e. from recalculated tender amounts taking into account discounts, reimbursement amounts from the wage sliding clause, if applicable, and maintenance offers.

✓It is mentioned that there are several award criteria according to an attached annex (form 227 "Award Criteria"), but the extract quoted here explicitly ticks "Award Criterion Price" for main and possibly side offers; further criteria could be specified in the separate annex.

✓Specifically for offers from workshops for the disabled, a bonus of 15% is granted for the calculation of the score; where such an offer is as economic as another, the contract shall be awarded to the workshop for the disabled; proof of this status must be provided with the tender.

✓According to 211 EU, ancillary offers are expressly ‘not allowed’ for this procedure, so that the general rules on ancillary offer design laid down in 212 EU (minimum requirements, clear description, breakdown by quantities and unit prices) do not apply here.

✓Risks and special conditions include in particular: contractual penalties pursuant to § 11 VOB/B for exceeding the contractual deadlines (start of execution and completion) with a cap on a total of 5% of the order amount excluding VAT; the specific daily amount of the penalty is still shown as empty (€___ or ___%) in the excerpt quoted here, but is likely to be specified in the original form.

✓In addition, Section 17 VOB/B provides for guarantees in accordance with Form 214: from an order amount of at least € 250,000 (excluding VAT), a contract performance guarantee of 5% of the order amount (including VAT, excluding supplements) must be provided; in addition, a security for claims for defects of 3 % of the sum of the advance payments at the time of acceptance is provided.

✓Where guarantees are provided, the specific contracting authority forms ‘Contract performance guarantee’, ‘Deficiency guarantee’ and, where applicable, ‘Anticipated payment/advance payment guarantee’ shall be used.

✓In the event of incorrect or incomplete information, in particular on the regular personnel declaration, the exclusion from the tender evaluation, a possible contract termination and an exclusion from future tenders is threatened.

✓Subcontracting and proficiency lending operations are permitted, but must be disclosed via forms 233, 235, 236, possibly 126, and accompanied by declarations of commitment and compliance with the 70% core staff quota.

✓The procurement procedure also provides for the possibility of requesting additional missing documents (211 EU: ‘Missing documents requested in the tender will be requested’), the contracting authority may request further evidence of qualifications and approvals upon request.

✓Questions/ambiguities in the procurement documents must be reported to the contracting authority “immediately before tendering in text form” in accordance with the conditions of participation (212 EU); a specific time limit for asking questions is not mentioned in the excerpt, i.e. the general principle applies ‘in good time before the expiry of the time limit for submitting tenders’.

❓An obligation or option to visit the site is not explicitly regulated in the available text.

✓With regard to possible contradictions or corrections, it should be emphasised that, on the one hand, the EU Conditions of Participation (212) explain extensive rules on side offers (No. 4) and, on the other hand, the specific VHB Form 211 EU for this procedure is explicitly ticked under point 6.1 ‘Ancillary offers are not admitted, point 4 of the EU Conditions of Participation does not apply’; the more specific procedural notice in 211 EU is crucial here, so that ancillary offers are actually inadmissible.

✓Similarly, point 8 of point 211 EU first contains the general options for submitting tenders (electronic, text form, advanced/qualified signature, in writing with envelope), while the separate ‘Important note’ specifies that ‘the tender must be submitted as a PDF file and as a completed GAEB file’ and that ‘tenders in writing will then necessarily be excluded from the competition’; Due to the supplementary function and specificity of the notice, it can be assumed that in this procedure only electronic submission via the procurement platform with GAEB/PDF-LV is actually permissible and written offers are excluded.