Westfalenpark, Umgestaltung Zentralplatz, in Dortmund, Gerüstbauarbeiten

✓The award criteria are clearly defined: The invitation to tender refers to an evaluation matrix in the tender specifications, while at the same time explicitly specifying ‘criterion: Price, weighting 100 %.’.

⚠Thus, the most economically advantageous tender is determined solely by the price of the tender; According to these extracts, qualitative award criteria are irrelevant.

✓Ancillary tenders may be accepted or excluded; the part cited here refers to point 4 of the conditions of participation and explains that ancillary offers must meet minimum requirements at the time of admission and be qualitatively/quantitatively equivalent to the described performance, including compliance with the state of the art and the design principles.

✓Discounts will only be counted if they are unconditionally expressed as a percentage of the invoiced amount in the appropriate place in the tender letter; Commercial side offers are excluded from this regulation.

✓Risks and special conditions include various items such as penalties, securities, insurance, subcontracting arrangements, anti-corruption and antitrust clauses and deadlines.

✓Guarantees are required from an order amount of € 250,000 excluding VAT: 5 % of the order amount for performance of the contract, if necessary replaceable by 3 % security for claims for defects; the provision is made regularly by means of guarantees with predetermined forms.

✓In addition, a minimum liability/environmental liability insurance cover per claim event must be demonstrated (personal/material/wealth damage €3 million, environmental damage €3 million, processing damage €100,000).

✓Subcontractors are to be named with the nature and scope of their services, name, address and BG member number before transfer; Subcontracting by the subcontractor requires approval.

✓With regard to contradictions and priority provisions, it is expressly stated that the General Terms and Conditions of the City of Dortmund are subordinate to application conditions, special contractual conditions (BVB) and additional (technical) contractual conditions (ZVB) in the event of contradictions.

✓Insofar as different rules exist, the VOB provisions apply first, then 214 (Special Contractual Conditions), 215 (Additional Contractual Conditions) and special BVB, while the general urban conditions only have a subsidiary effect.

✓In the event of discrepancies between electronic data exchange files (GAEB/DA-XML) and the written version of the procurement or accounting documents, the written version shall apply.

✓Such clarifications are important to categorise any inconsistencies in terms of payment deadlines, discounts or technical specifications: for example, discounts under conditions of participation 212 are clearly limited to unconditional discounts, while 215 only regulates their settlement effect; in the event of any ambiguity or error, the tenderer must inform the contracting authority in writing prior to the submission of the tender, and tenderers’ questions will be answered only up to one week before the submission date.