3021_EU_031226 Baustelleneinrichtung Neubau

The eligibility and minimum qualification requirements include economic, technical and legal evidence. self-declaration 124 requires information on the turnover of comparable works in the last three financial years and the assurance that comparable works have been performed in the last five calendar years; if shortlisted, three detailed references with specific information (contact person, type of service, quantities, number of employees, specificities, etc.) must be provided. Further proof of suitability such as business registration, extract from the commercial register, entry in the register of trades/Chamber of Industry and Commerce, number of employees divided by salary groups, safety certificates from the tax office, social security funds and professional association as well as an exemption certificate according to § 48b EStG are required according to form 216 on separate request. There are declarations of freedom from insolvency, reliability (no grounds for exclusion under § 6e EU VOB/A), proper tax and social security payment and membership of the professional association. Pre-qualified entities may provide their PQ number; in both cases, capacities of other companies can be used, but must be demonstrated through Form 235 and Letters of Commitment 236 with joint liability.

The scope of the contract and the terms of service are described in the specifications ‘Baustelleneinrichtung Neubau’ and in the technical texts. It concerns the complete construction site installation for the construction of a new indoor swimming pool in Stuttgart-Zuffenhausen, including construction electricity and water connections, storage areas, construction site logistics, participation in construction meetings and weekly work forecasts. The framework conditions are, for example: limited storage spaces on the construction site in accordance with the construction site installation plan, just-in-time deliveries, own organisation of transport and storage, consideration of a neighbouring sports hall with school and children's traffic in operation during the construction period, access roads and fire brigade routes to be kept clear and use exclusively of the areas intended by the WG. The time limits for performance are set out in Special Conditions 214: Start of execution no later than 28.06.2027 (KW specification) and completion by 23.11.2029; these deadlines are contractual deadlines within the meaning of § 5 VOB/B. Further obligations may be to submit a construction site installation plan for approval, a construction deadline plan and construction day reports, taking into account the specific ticks in the ‘Further Special Contractual Conditions’.

The award of the contract is primarily based on the price. In Call 211 EU, the award criterion is either the price alone or several criteria according to a separate award criteria form; ‘Price award criterion’ is explicitly mentioned in the section reproduced here. The evaluation sum results from the recalculated offer sum taking into account discounts, reimbursement amounts from a possible wage slip clause and maintenance offers. Workshops for the disabled receive a 15% rating bonus on the total value, and with the same economic efficiency, their offer is preferred, provided that the quality as a workshop is proven with the offer. Discounts will only be counted if they are unconditionally entered as a percentage of the settlement amount in tender letter 213 EU; Discounts in the GAEB file are automatically integrated into the billing amount. Subsidiary tenders are either generally excluded (‘subsidiary tenders are not allowed’) or, if accepted, must meet minimum requirements, be fully described and broken down; Contradictory information on this would have to be clarified on a case-by-case basis on the basis of the variant actually ticked in the 211 EU.

The documents contain numerous references to risks and special contractual conditions. Contractual penalties according to § 11 VOB/B are provided for: If the contractual deadlines are exceeded (start of execution, completion, agreed individual deadlines), a contractual penalty is to be paid per working day of delay, measured as a percentage of the final invoice amount excluding VAT, limited to a total of 5%. Guarantees pursuant to § 17 VOB/B are regulated in two stages: a contract performance guarantee of 5% of the gross order amount is to be provided for order amounts above €250,000 net, and a security of 3% of the provisional billing amount for claims for defects; in the case of guarantees, forms 421 (performance of the contract) and 422 (claims for defects) shall be used. There are other risks such as: flat-rate damages of 15% of the gross settlement amount in the case of proven unlawful competition agreements (declaration in tender letter 213 EU), contractual penalties and possible exclusions in the case of infringements of the Land Tariff Compliance and Minimum Wage Act (LTMG), the obligation to comply with Russia-related EU sanctions regulations (Article 5k of Regulation (EU) 833/2014) also for subcontractors > 10% contract value, the obligation to submit documents on time, including initial calculation (which is opened and closed again for inspection purposes), as well as risks arising from incorrect or incomplete declarations of subcontractors and suitability loans. The period of validity of the tender expires on 03.12.2026; electronic submission of tenders is required via the platform "meinauftrag.rib.de" with correct signature, otherwise tenders will be excluded. Questions about the procurement documents must be submitted in writing no later than 3 working days before the start of the response period in accordance with § 12a EU VOB/A; a separate note on on-site visit is not included in the present text, but would have to be examined in further annexes if necessary.

In order to avoid and deal with contradictions and corrections, the procedure provides for clear rules. Conditions of participation 212 EU oblige the tenderer to notify the contracting authority of any ambiguities, incompleteness or errors in the procurement documents without undue delay before submitting a tender. A leaflet expressly warns against ‘clarifying’ such points only in the accompanying letter to the tender, as this can be regarded as a change to the procurement documents and may lead to the exclusion of the tender in accordance with § 13 EU in conjunction with § 16 EU VOB/A. In the case of content-related contradictions, the following generally apply: the full version of the list of services provided by the contracting authority is binding; in the case of side offers, the specific rule in 211 EU (‘side offers are not allowed’ or ‘admitted’) is decisive in relation to general statements in 212 EU; in the case of securities, the specific ticking in 214 (waiver or obligation) and the amount of the order shall be decisive. For consortia and other companies, the obligation laid down in 212 EU to make a declaration of all members or joint liability in the context of the qualifying loan is decisive; Forms 234 and 236 specify this rule. In case of doubts as to which statement applies, the more specific, procurement-specific rule in 211 EU/214 EU/‘Further Special Conditions of Contract’ takes precedence over general model texts, and ambiguities must necessarily be clarified by means of a tenderer’s question before submitting a tender.