T260202_EU_101226 Rahmenvereinbarung zur Lieferung von Kaltasphalt und Bitumenemulsion 2027-2028

✓The scope of the contract is a single-participant framework agreement (no mini-competitions) for delivery of repair asphalt (Kaltasphalt) and bitumen emulsion for the Tiefbauamt Stuttgart, from 01.03.2027 to 31.12.2028.

✓As indicated, such as in the Anlage zu Formular 634, deliveries are on call (“auf Abruf bereit zu halten”), with free delivery to construction sites within Stuttgart within 14 days after order and to specified depots (Baubetriebsstellen) at multiple addresses across Stuttgart districts (e.g.

✓Burgstallstraße, Obernitzstraße, Feuerbach, Zuffenhausen, etc.).

✓Quantities in the LV are based on past experience; they are expressly non‑binding, and the contractor has no claim to the ordering of the listed quantities; approximately five call‑offs per delivery location are forecast.

✓Fixed prices apply for the entire delivery period; the limitation clause on price changes in ZVB is declared not applicable.

✓Award criteria and weighting are described in the 631 form: the primary Zuschlagskriterium is the price, derived from the “Wertungssumme” (recalculated offer sum including unconditional discounts).

✓It is also mentioned, such as, that form 227 “Zuschlagskriterien” is part of the documents, allowing for multiple criteria, but the extract emphasises price as decisive.

✓A special rule applies to workshops for disabled persons (Werkstätten für Behinderte): a 15% bonus is applied in the evaluation; if their offer is equally economical compared to another, the award goes to that workshop.

✓There are also compliance‑related risks: extensive tariftreue/mindestentgelt obligations under LTMG (including flow‑down to subcontractors and leasing companies, documentation and audit rights) with contractual penalties (e.g. 1% of contract value per violation, up to 5%) and potential exclusion from procedures or future awards for up to three years, as well as termination for cause and damage claims.

✓The bidder must also ensure no involvement of Russia‑related entities above 10% of contract value, under the EU sanctions regime.

✓On subcontracting and consortia, the documents specify, such as: Bietergemeinschaften must, with their offer, submit an AG‑formation declaration (Form 234) naming all members and a lead representative, stating their joint and several liability; consortia winning the award must adopt the legal form of a GbR with gesamtschuldnerische Haftung.

✓Where other companies perform parts of the contract or provide capacity, the bidder must list the LV items/sections concerned in Form 235 and, on request, obtain Form 236 from these companies, including a binding commitment to provide capacities and, in cases of Eignungsleihe for economic/financial criteria, a declaration of joint liability for performance.

✓The guidance clarifies that own delivery of materials or labour within LV positions is not to be treated as subcontracting and must not be listed as NU‑Leistungen; subcontracting declarations must be concrete and consistent across pricing forms and NU lists.

✓Contradictions or corrections are addressed mainly procedurally.

✓The Bewerbungsbedingungen (632) and the DLZ guidance stress that if bidders identify contradictions, errors or unclear provisions in the tender documents, they must raise a bidder question (Bieterfrage) in good time before submission; “clarifying hints” in a cover letter to the offer can be deemed an unlawful change of the procurement documents and lead to exclusion.

✓Where the texts present alternative options (e.g.