(a) The procurement documents are made available exclusively electronically on the procurement portal of German eProcurement.
Tenders may only be submitted there, electronically in text form. Interested parties who have downloaded the public procurement documents directly from the indicated URL are reminded:
that they can only be informed after registration, any questions concerning tenderers, information concerning tenderers and any changes to the procurement documents.
(b) replies to tenderers’ questions and communication between tenderers and the contracting authority are carried out exclusively through the German procurement platform.
Interested parties are therefore obliged to check regularly in their electronic mailbox whether messages have been received.
C) The tender must be submitted using the forms provided for this purpose on the allocation platform. Non-editable forms must be printed, completed and scanned.
(D)Where a scanned declaration from third parties is submitted, the contracting authority reserves the right to request the original from the tenderer.
In the case of foreign tenderers, the presentation of third-party certificates must be accompanied by equivalent certificates from the country of origin.
Documents which are not written in German must be accompanied by a certified translation into German.
(e) in order to ensure equal treatment of candidates, questions concerning this contract notice will only be answered in text form via the tendering platform’s communication.
(F) One bid per tenderer is admissible. Multiple participation as a sole tenderer and as a member of a consortium is not allowed.
(g) tenderers who, in order to demonstrate their suitability, rely on the capacities of other entities (e.g. subcontractors, group affiliates)
these capacities must be supported in the tender (Form Technical and Professional Capacity Loan and/or Fitness Loan Economic and Financial Capacity)
indicate and prove already with the tender by means of an undertaking from the other company (form commitment letter of suitability loan),
that they have at their disposal the resources necessary for the performance of the contract. Like the tenderer, the other company must provide the supporting documents and declarations referred to in III.1.1.
In the event that a tenderer relies on the capacities of another entity with regard to the economic and/or financial capacity required, Paragraph 47(3) of the SektVO applies.
(H) The contracting authority does not sign the European Single Procurement Document (ESPD) as proof of suitability;
(I) The contracting authority shall apply Paragraphs 122 to 126 of the GWB.
(J) Tenderers shall declare that, in the event of award of the contract, they will grant their employees, in performance of the contract, the working conditions, including remuneration;
which, in terms of type and amount, comply at least with the requirements of the collective agreement to which the undertaking is bound by virtue of the employee-posting agency (AEntG) or, in any event, if:
the relevant collective bargaining regime is not in any case more favourable to employees — a remuneration which complies with the Minimum Wage Act (MiLoG) (additional requirement for performance of the contract).
The contracting authority may also require appropriate declarations of compliance and minimum tariffs to be submitted by all sub-contractors and distributors after the award of the contract.
(K) The contracting authority is obliged to use the HVA documents. The references to the VgV in the procurement documents or HVA forms should be referred mutatis mutandis to the SektVO.
(L) In accordance with Paragraph 15(4) of the SektVO, the contracting authority reserves the right to award the initial tender without negotiation.