Kioskbewirtschaftung - OSZ Gastgewerbe Dienstleistungskonzession - Cafeteria-Kioskbewirtschaftung am OSZ Gastgewerbe, Buschallee 23 a in 13088 Berlin

Regarding the scope of the contract, such as describing what, where and for how long, the texts define a five-year concession to operate the cafeteria/kiosk at Buschallee 23a, 13088 Berlin (OSZ Gastgewerbe). The concession covers operation “im eigenen Namen, auf eigene Rechnung und auf eigenes wirtschaftliches Risiko”, with no rent or operating costs payable. The space is approx. 33.32 m² (kitchen + storage) with existing kitchen technology; small equipment (crockery, cutlery, cooking utensils, coffee machine) must be provided by the operator. The location has approx. 4,500 enrolled students and about 140 staff, with around 1,200 students present daily, but the contracting authority gives no guarantee on participant numbers or minimum turnover. Opening times are Monday–Friday 07:30–14:30 on school days; during Berlin school holidays the cafeteria is closed, and outside opening hours the area may be used for preparation/deliveries from 06:00–16:00 on school days; no access in holidays. Because the school runs its own “Mensaprojekt”, only a small, snack-based offer (e.g. belegte Brötchen, snacks) is expected; a limited hot lunch is required only on a few days when the school canteen is closed. The contract period is fixed from 01.05.2027 to 30.04.2032, with automatic expiry, exclusion of ordinary termination within the fixed term, and specific rules on written notice for any allowed termination.

As for award criteria and weighting, such as how the “wirtschaftlichstes Angebot” is determined, the procurement documents state that price is not the only criterion; quality is also decisive. Anlage 1, Ziffer 4, details three main Zuschlagskriterien with a maximum of 340 Wertungspunkte: (a) the standortspezifisches Umsetzungskonzept (max. 120 points, with qualitative ratings from “mangelhaft” to “sehr gut”, multiplied according to a scoring scheme); criteria include completeness vis-à-vis the specified concept requirements, structure and clarity, target-group relevance, and appropriateness of the offer for upper secondary students. (b) Sensorische Qualitätsbewertung des Essens based on a test tasting (Testverkostung) in January 2027, also up to 120 points, judged by a commission (BIM staff and school/authority representatives) on aspects such as appearance, smell, mouthfeel, taste, balance of components, and suitability for the target group. (c) Prices, with up to 100 points based on the price for a specified dish (in parts of the text a “Couscous-Salat”, in another passage a vegetarian main course from a sample menu), using the formula (bBieter / wBieter) * 5 and a multiplier of 20, with the lowest price receiving the maximum score. Non-participation in the test tasting or failure to comply with its specifications leads to exclusion.

Concerning risks and special conditions, such as penalties, guarantees, subcontracting, validity period, question deadline and site visit, the documents contain extensive contractual provisions. The bid must be binding until 30.04.2027 (Bindefrist); if no award is made by then, the offer is deemed not considered. Modifications to the tender documents are prohibited and lead to exclusion; variants and multiple offers are not allowed. The process is an unregulated concession below thresholds, so the formal review procedures of German procurement law do not apply; however, the authority reserves the right to check compliance with special contractual conditions under the Berlin Vergabegesetz (BerlAVG) and to report violations (e.g. of minimum labour standards) to relevant registers and authorities. The environmental special conditions (BVB Teil B) require consideration of specified environmental performance and execution criteria and their flow-down through the subcontractor chain, with breaches by subcontractors attributed to the main contractor; control and sanctions are governed by BVB Teil C. Subcontracting and Eignungsleihe are permitted but require prior listing and commitment declarations; unauthorized use or change of subcontractors, as well as misuse in terms of labour law (e.g. Schwarzarbeit), can justify termination and potential contractual sanctions. The lease includes duties regarding operation as cafeteria/kiosk only, no competition protection, and obligations to obtain all necessary operating permits and health certificates for staff. Question deadlines and communication are strictly via the iTWO tender portal; bidders must submit questions no later than eight calendar days before the bid deadline (corresponding in TED to 16.11.2026, 12:00). Site visits are possible but non-binding; any observations must be raised as formal questions via the portal, and oral information during the visit is explicitly non-binding.

Regarding contradictions or corrections within the documents, such as differing statements on evaluated prices or legal references, the texts also specify which provisions prevail. The sample lease states that if individual provisions in annexes conflict with the main contract, the main contract provisions prevail unless the parties explicitly agree otherwise; for later amendments, the most recent agreement prevails. In the award criteria, there is an apparent inconsistency between one passage indicating that the price for a “Couscous-Salat aus dem Angebots- und Warenverzeichnis” is evaluated and another passage referring to the price of a vegetarian main course from a sample menu; since the more detailed scoring table (max. 5 points, multiplier 20) is tied to the Couscous salad, bidders should follow the explicit instructions in Anlage 1 Ziffer 4 and the Preisblatt (yellow line), and in case of doubt seek clarification via the portal within the question period. Any missing documents can be requested from the contracting authority via the portal; furthermore, after the bid deadline, the authority may, at its discretion and under transparency and equal treatment principles, allow completion or correction of missing or erroneous bidder documents.