Gerüstarbeiten, DIN 18451 (26-67128)

✓Pre-qualified undertakings may demonstrate their suitability by providing the PQ number in the pre-qualification register; otherwise self-declarations and later original certificates shall be submitted.

✓With regard to the scope of the contract, the place and period are clearly described: The construction project "Hirsauer Wiesenweg 28 and 30 (Flst.Nr. 2136), Neubau Kriminalpolizeidirektion and Polizeirevier Calw" includes scaffolding work according to DIN 18451.

✓The execution deadlines under the Special Contractual Conditions (214) foresee a binding start of work on 26.04.2027 and completion (ready for acceptance) on 07.11.2028; both dates are contractual periods within the meaning of § 5 VOB/B.

✓Water and energy costs are expressly covered by the contracting authority and are not to be included in the unit prices; Data exchange (offer, billing) takes place in accordance with GAEB DA XML, and in the event of discrepancies between electronic files and the written version, the written version applies.

✓The work will be carried out in the name and on behalf of the State of Baden-Württemberg.

⚠As regards award criteria and evaluation, the invitation to tender states that the only award criterion is price; the assessment is made on the basis of the ‘assessment amount’ of the recalculated tender amount, taking into account discounts, reimbursement amounts from the wage sliding clause and maintenance offers.

✓For workshops for the disabled, a bonus of 15% is granted on the score; if an offer from one workshop for the disabled is just as economical as another, it will be awarded the contract.

✓Proof of status as a workshop for the disabled must be provided with the offer.

✓Several main tenders are allowed, but each must be eligible; Subsidiary offers are expressly not allowed, so the standard rules on subsidiary offers in the conditions of participation (e.g. detailed description, breakdown by quantities and prices) do not apply here.

✓As regards risks, ancillary obligations and special conditions, the Special Terms and Conditions and other annexes set out a number of special provisions.

✓For example, according to § 11 VOB/B, contractual penalties are provided for exceeding the contractual deadlines, per day of delay as a certain euro amount or percentage of the order amount; the total contractual penalty is limited to 5% of the order amount (excluding VAT), partial services are considered pro rata and penalties already forfeited for individual periods are counted towards the contractual penalty for the completion period.

✓As regards collateral, Form 214 provides, without contradiction, that ‘collateral is waived for the performance of the contract’ or ‘collateral is waived for the claims for defects’, although it includes the standard text for collateral above certain order amounts; The relevant option is the explicitly ticked ‘waiver’ option, so that no guarantee is required, unless the contracting authority changes this in the specific contract documents.

❓Guarantees are only relevant if a guarantee was agreed.

✓The contractor must properly avoid, separate, recover and dispose of waste in accordance with the Supplements to the Special Terms and Conditions (Form 241), become a waste producer and holder and must provide evidence in accordance with the KrWG/NachwV; if he offers disposal solutions other than those described, he must, among other things, prove the authorisation of the plants and the inclusion of costs.

✓Other specific conditions concern data security, data protection, electronic invoicing and security requirements of the police department.

✓For example, the contractor must immediately report cyber-attacks and security-related IT incidents to the IT Security Centre (SITiF BW) and support the contracting authority; Project-related communication and documentation run via the PlanTeam server (PTS), the use of which is mandatory.

✓Invoices must in principle be submitted electronically in the format ‘XRechnung’ via the Central Invoice Receipt Office Baden-Württemberg, except for invoices under €1,000 without VAT.

✓Due to the security-related nature of the police station, a background check of the personnel working on the construction site by the LKA is necessary; without positive confirmation, it is not possible to start the activities; in the event of refusal or non-feasibility, the contracting authority may terminate the contract for good cause.

✓The contractor and its subcontractors must comply with the VS-NfD leaflet, as they may have access to classified information classified as ‘Use-only’; Violations may lead to the termination of the contract.

✓In the case of other undertakings (subcontracts/acquisition loans), the services to be provided must be specified in the tender on Form 233/235; on separate request, undertaking declarations (form 236) with joint liability must be submitted and, if necessary, safety information for subcontractors (form 126) and a reliability check must be carried out.

✓The documents underline that companies related to Russia within the meaning of EU Regulation 2022/576 may not be used as bidders, subcontractors, suppliers or proficiency lenders above the 10% threshold; this has to be confirmed via the self-declaration RUS sanction.

✓Thus, the data processing facility explicitly states that in the event of discrepancies between electronic data exchange files and the written version, the written version of the award or settlement documents shall apply; the trader must identify differences in content in the written version.

✓In the case of secondary tenders, there is an apparent contradiction between the general rule in the conditions of participation (212 EU), which describes their admissibility and minimum requirements, and the specific invitation to tender (211 EU), which expressly states: ‘Ancillary tenders are not accepted, point 4 of the EU Conditions of Participation does not apply.’ The specific rule in 211 EU for this procedure is relevant here; Subsidiary offers are therefore inadmissible.

✓Similarly, the standard text on collateral in 214 VHB is to be understood as a general clause, while the specifically ticked option ‘Safety is waived’ is the binding rule for this contract.