10057474 - e-Vans

With regard to the scope of the contract, quantities, place and period, the ‘Information on lot allocation, evaluation and subcontracting’ and the specific terms and conditions of the contract shall contain a breakdown into at least five lots: Lot 1 includes a fixed purchase quantity of 24 e-vehicles plus an option via a further 12 e-vans, with identical unit prices for option and fixed quantity, and the option can be called within the validity period. Lots 2 to 5 (or up to 6 in the special conditions of the contract) concern 12 e-vans each, but are subject to the overhead contract and the availability of funds; the contracting authority cannot award all or part of these subject lots and there is no right to award the contract. For all lots, identical products must be offered at identical unit prices. Deliveries must be made by 30.06.2027 at the latest; Lot 1 already has a subcontract from the BMZ, the remaining lots are ‘award subject to available funds’ and subcontracting until the end of the tender binding period. The place of use is described functionally in the General Terms and Conditions of Purchase (place of use according to the order letter or capital of the country of destination); the goods are handed over to a partner/end user abroad, whereby foreign shipment and export documentation (delivery documents, special invoice for customs, pre-shipment inspection if applicable) must be provided by the contractor in accordance with the AEB.

As regards award criteria and evaluation, it is stated that award criteria and evaluation procedures are specified in the procurement documents; the overall valuation price is composed of all items in the price schedule/price sheet and takes into account 100% of all items, including options or contract renewals. The ‘Information on lot allocation and evaluation’ explains a cross-lot tender evaluation: A tender for lot 1 is required, after which the most economical acceptable combination of all suitable tenders will be determined through the lots. Tenders for additional lots may be included in the ‘wander’ score, i.e. a tender for lot 1 may be included in lot 2, etc., in order to achieve the most favourable overall combination; the table with tenderers A, B, C illustrates this mechanism. In addition, GIZ reserves the right, in any negotiated procedure, to award the contract to the initial tender without negotiating (Paragraph 17(11) of the VgV).

Regarding risks and special conditions, the special contractual conditions as well as the AEB regulate numerous points. For example: 100% prepayment of the contract value agreed, but only upon presentation of a prepayment guarantee according to the attached model, issued by a first-class, internationally recognised bank with an investment grade rating (at least BBB-/Baa3) or by means of an indirect guarantee of such a German bank; If the guarantee is not received by GIZ within 10 days of the award of the contract (Fax/SWIFT-Info) and the original document is not received by GIZ within a further 5 days, the contracting authority may withdraw from the contract. The AEB provides for fixed prices without additional demands, comprehensive obligations to comply with UN/EU/DE embargoes and export restrictions (in particular Russia/Belarus/ Crimea/Ostukraine), extensive inspection and documentation obligations, as well as defect rights with a reversal of the burden of proof in favour of the AG. In cases of delay, a contractual penalty of 0.2% of the agreed purchase price per day, a maximum of 5% of the purchase price (including packaging, freight, VAT) is agreed; Further claims for damages are reserved, the contractual penalty is credited. consortia must designate a lead firm with joint and several liability and clear powers of representation; Subcontracting requires separate declarations, whereby the tenderer must ensure that the resources of the subcontractor are actually at his disposal. The closing date for the submission of tenders is confirmed in the cover letter; it is expressly pointed out that, in the absence of the BMZ-Oberauftrag, no contract must be awarded until the end of the period of validity. Bidder questions must be submitted in text form only via the GIZ procurement marketplace; a deadline for questions is not explicitly mentioned in the quoted text, but the responsibility of the tenderer for ongoing information is stressed. A site visit is not mentioned, so it is not planned or needs to be clarified separately.

For possible contradictions or corrections, the documents establish a ranking: Parts of the contract are regulated in the AEB in the order order letter/works delivery contract, technical offer, AEB, code of conduct, shipping instructions, VOL/B; in the case of contradictions, this order shall apply. Likewise, according to the application conditions, changes to the procurement documents are possible during the offer period and only the latest version is applicable. Insofar as different lot numbers (lots 1-5 vs. lots 1-6) appear in the text, the more specific and up-to-date ‘Special Terms and Conditions’ rule as well as the specifically designated overhead order overview shall prevail; in case of doubt, a tenderer's question must be asked in accordance with the terms and conditions of the application. In the case of conflicting language regulations (German vs. English allowed), the more specific requirement also applies: in principle German; Translations must be provided in German or English for register extracts and founding documents, with clarity to be provided by the tenderer on his own responsibility.