2018HBA003_39 Gerüstarbeiten BA 2

✓Procurement procedure for scaffolding works BA 2 – public tender for construction works in Kaufbeuren (Germany)

✓The input text concerns an EU-wide open procedure for the award of construction services under EU-VOB/A for ‘Scaffolding works BA 2’ as part of the energy renovation of the Konradin primary school and expansion by four classrooms in Kaufbeuren, Germany.

✓The documents and forms are taken from the Bavarian Public Procurement Manual (VHB Bayern) and thus clearly reflect the German public procurement law perspective; at the same time, reference is made on several occasions to EU legal instruments and Member States (in particular other EU states, EFTA states, Turkey), such as technical evidence and pre-qualification.

✓The notice is published via TED and the platform ‘meinauftrag.rib.de’ and requires a German-language, electronic tender procedure.

✓With regard to what the tenderer must submit and what minimum requirements apply, the documents provide for a clearly structured catalogue.

✓The tender must be accompanied by the tender letter (form 213.H), the completed schedule of services with prices, the information on price determination in accordance with FB 221 or 222, as well as various declarations, such as FB 127 ‘Declaration relating to Russia’, FB 248/2481/2491 on timber products, local plants and child labour and, where relevant, FB 233 (Sub-contractor services), FB 234 (Tendering community) and FB 235 (Capacities of other companies).

✓For suitability, either a PQ number or, for non-prequalified companies, Form 124 ‘Self-declaration of suitability’ or a Single European Self-Declaration (SEPD) shall be provided.

✓The self-declaration requires, inter alia, turnover data for the last three financial years for comparable construction works, a presentation of comparable services for the last five calendar years with at least three references to be submitted later (form 444), declarations of sufficient labour, registrations (trade registration, commercial register, trade register/IHK), absence of insolvency, absence of grounds for exclusion, proper payment of tax and social security contributions, as well as membership and a qualified certificate of safety from the professional association.

✓In addition, the notice explicitly calls for proof of professional or business liability insurance with minimum coverage of €3 million for personal injury and €1 million for property and financial loss; These proofs of insurance as well as further certificates (tax office/exemption certificate pursuant to § 48b EStG, social security fund, BG) must be submitted within six calendar days of request upon separate request.

✓As regards the scope of the contract, the contract notice and the schedule of services stipulate that it is a single lot ‘LOT‐0000 scaffolding work BA 2’, with the place of performance Barbarossastraße 29-31, 87600 Kaufbeuren (DE272).

✓As an example, the notice specifically mentions: 1,320 m2 facade scaffolding with storage, five scaffolding stair towers with storage, 500 m scaffolding extensions with storage and 500 m interior railings; the technical preliminary remarks refer to ATV DIN 18451 and numerous relevant DIN/DIN-EN standards (e.g.

✓DIN EN 12810, EN 1263-2, etc.).