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Regulation on the award of public contracts in the field of transport, drinking water supply and energy supply

Original Language Title: Verordnung über die Vergabe von öffentlichen Aufträgen im Bereich des Verkehrs, der Trinkwasserversorgung und der Energieversorgung

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Regulation on the award of public contracts in the field of transport, drinking water supply and energy supply (sector regulation-SektVO)

Unofficial table of contents

SectVO

Date of completion: 12.04.2016

Full quote:

" Sector Ordinance of 12 April 2016 (BGBl. I p. 624, 657) "

This Regulation shall be used for the implementation of Directive 2014 /25/EU of the European Parliament and of the Council of 26 February 2014 on the award of contracts by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004 /17/EC (OJ L 175, 5.7.2004, p OJ L 94 of 28.3.2014, p. 243).

Footnote

(+ + + Text credits: 18.4.2016 + + +) 
(+ + + For application cf. § § 20 (3), 22 (4), 34 (4), 59 (2),
60 para. 2 + + +)

(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGRL 25/2014 (CELEX Nr: 32014L0025) + + +)

The V was decided as Article 2 of the V v. 12.4.2016 I 624 by the Federal Government with the consent of the Bundesrat. She's gem. Article 7 (1) of this V entered into force on 18 April 2016. Unofficial table of contents

Content Summary

Section 1General provisions and Communication Subsection 1General provisions
§ 1 Scope
§ 2 Estimate of the order value
§ 3 Application procedure for activities that are directly exposed to competition
§ 4 Occasional joint procurement
§ 5 Maintenance of confidentiality
§ 6 Avoidance of conflicts of interest
§ 7 Participation in the preparation of the award procedure
§ 8 Documentation
Subsection 2Communication
§ 9 Principles of communication
§ 10 Requirements for the electronic means used
§ 11 Requirements for the use of electronic means in the award procedure
§ 12 Use of alternative electronic means in communication
Section 2XX_ENCODE_CASE_CAPS_LOCK_On procurement procedures subsection 1Procedure, Time limits
§ 13 Choice of procedure
§ 14 Open procedures; deadlines
§ 15 Non-open procedures and negotiated procedures with prior participation competition; deadlines
§ 16 Deadline; deadline for extension of time limits
§ 17 Competitive dialogue
§ 18 Innovation Partnership
Subsection 2 Special methods
and instruments in the award procedure
§ 19 Framework agreements
§ 20 Principles for the operation of dynamic procurement systems
Section 21 Operation of a dynamic procurement system
Section 22 Time limits for the operation of a dynamic procurement system
Section 23 Principles governing the implementation of electronic auctions
§ 24 Implementation of electronic auctions
Section 25 Electronic catalogues
Subsection 3Preparation of the procurement procedure
Section 26 Market exploration
§ 27 Split by lots
§ 28 Performance Description
§ 29 Technical requirements
§ 30 Notification of technical requirements
Section 31 Demonstration by certificates of conformity assessment bodies
Section 32 Demonstration of quality marks
§ 33 Side Offers
Section 34 Suborders
Subsection 4Publication, Transparency
§ 35 Contract announcements, hardware profile
§ 36 Periodic indicative notice
Section 37 Notice of the existence of a qualification system
§ 38 Contract Notices; Notice of Contract Changes
§ 39 Announcements on the award of social and other special services
§ 40 Publication of notices
Section 41 Provision of procurement documents
§ 42 Request for confirmation of interest, submission of tenders, negotiation or participation in dialogue
Section 43 Form and transmission of offers, requests to participate, expressions of interest and confirmations of interest
Section 44 Increased security requirements in the transmission of offers, requests to participate, expressions of interest and confirmations of interest
Subsection 5Requirements for companies
§ 45 Principles
Section 46 Objective and non-discriminatory criteria
§ 47 Appropriation Loan
§ 48 Qualification systems
§ 49 Compliance with standards of quality assurance and environmental management
§ 50 Legal form of companies and bidding communities
Subsection 6Examination and evaluation of tenders
Section 51 Examination and evaluation of the offers; demand of documents
Section 52 Surcharge and award criteria
Section 53 Calculation of lifecycle costs
§ 54 Abnormally low tenders
§ 55 Offers which include products from third countries
§ 56 Information to candidates or tenderers
Section 57 Repeal and cessation of proceedings
Section 3Special provisions
For the procurement of energy-related services and road vehicles
Section 58 Procurement of energy-related services
§ 59 Procurement of road vehicles
Section 4Planning Competitions
§ 60 Scope
Section 61 Publication, transparency
Section 62 Orientation
§ 63 Price Court
Section 5Transition and final provisions
Section 64 Transitional provisions
Section 65 Freezing Calculation
Appendix 1
(on § 28 (2))
Technical requirements, definitions
Appendix 2
(on § 59)
Data for the calculation of the external costs incurred by road vehicles
Appendix 3
(to § 59 (2))
Method for calculating the operating costs of road vehicles

Section 1
General provisions and communication

Subsection 1
General provisions

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§ 1 Scope

(1) This Regulation provides for more detailed provisions on the procedure to be followed in respect of the award of contracts under Part 4 of the Law on Competition Restrictions and the alignment of competitions for the purpose of activities on the (2) This Regulation shall not apply to the award of public contracts for defence or security. (3) For the purpose of: Procurement by means of concessions within the meaning of § 105 of the Law against Restrictions on competition shall apply to the Regulation on the award of concessions. Unofficial table of contents

§ 2 Estimate of the order value

(1) The estimate of the value of the contract shall be based on the estimated total value of the expected performance without VAT. In addition, any possible options or contract extensions must be taken into account. Where the contracting entity provides for premiums or payments to the applicant or tenderer, they shall also be taken into account. (2) The choice of the method for calculating the estimated contract value may not be made with the intention of applying the provisions of the Part 4 of the Law on Competition Restrictions or this Regulation. A contract award may not be divided in such a way that it does not fall within the scope of the provisions of Part 4 of the Act against Competition Restrictions or this Regulation, unless there are objective reasons to do so, such as: if an independent organisational unit is responsible for its procurement or certain categories of contract award. (3) The date on which the contract notice is to be estimated is the date for the estimate of the contract value , or the award procedure is initiated in some other way (4) The value of a framework agreement or of a dynamic purchasing system shall be calculated on the basis of the estimated total value of all individual contracts which are concluded during the entire duration of a framework agreement or a dynamic (5) In the case of an Innovation Partnership, the value to be taken into account shall be equal to the estimated total value of the research and development activities carried out during all phases of the planned partnership , as well as the construction, supply or services to be carried out, (6) In the estimation of the value of the contract value of works, the estimated total value of all supply and services must be taken into account in addition to the order value of the works contracts; which are necessary for the execution of the works and which are made available by the contracting authority. The possibility of the contracting authority to award contracts for the planning and execution of works either separately or jointly shall remain unaffected. (7) May the intended construction project or the intended provision of a service to be provided a contract awarded in several lots shall be based on the estimated total value of all the lots. In the case of planning services, this applies only to lots relating to similar services. If the estimated total value reaches or exceeds the relevant threshold, this Regulation shall apply to the award of each lot. (8) A project may, for the purpose of acquiring similar supplies, lead to a contract in several lots. (9) The adjudicating entity may derogate from the allocation of individual lots in the third sentence of paragraph 7 and paragraph 8 if the estimated net value of the relevant lot is available in the case of the delivery and the Service contracts below EUR 80 000 and in the case of construction services below EUR 1 million, and Sum of the net values of these lots does not exceed 20% of the total value of all lots. (10) In the case of recurring orders or continuous orders on supply or services, and in the case of supply or service contracts, the of a certain period, the value of the contract is to be estimated
1.
on the basis of the actual total value of corresponding successive orders from the previous financial year or financial year, taking into account the probable changes in quantities or costs which may be incurred during the period of of the twelve months following the original mandate; or
2.
on the basis of the estimated total value of successive orders during the twelve months following the first delivery or during the first delivery period or financial year, if this is longer than that of the following year: Twelve months is to be awarded.
(11) In the case of contracts relating to supply or services for which no total price is given, the calculation basis for the estimated value of the contract shall be:
1.
in the case of temporary contracts with a duration of up to 48 months, the total value for the duration of these contracts; and
2.
in the case of contracts with an indefinite duration, or with a duration of more than 48 months, 48 times the monthly value.
(12) In the case of a planning competition according to § 60, which is to lead to a service contract, the value of the service contract is to be estimated plus any prize money and payments to participants. For all other planning competitions, the order value shall be the sum of the prize money and payments to the participants, including the value of the service contract which could be awarded to the extent that the contracting entity has been awarded this award in the Competition notice of the planning competition does not preclude. Unofficial table of contents

§ 3 Application procedure for activities that are directly exposed to competition

(1) The contracting authorities may request the European Commission to declare that the provisions of Part 4 of the Law on Competition Restrictions and of the Sector Regulation shall apply to the award of contracts or to the alignment of competitions for: the exercise of this activity shall not apply. The application shall be accompanied by an opinion from the Bundeskartellamt. The application shall be accompanied by all relevant information, in particular laws, regulations, administrative provisions or agreements stating that the activity in question is directly exposed to competition in markets which do not Access restriction. A copy of the application is to be submitted to the Federal Ministry for Economic Affairs and Energy. (2) The application by the contracting authority to the Federal Cartel Office for an opinion must be submitted in accordance with § 39 (3) sentence 2 (1) to (4) of the law against Restrictions on competition shall include information. § 39 (3) sentences 4 and 5 of the Act against restrictions on competition shall apply accordingly. The application referred to in paragraph 1 may also be submitted by an association of contracting entities. In this case, the regulations for the contracting authorities shall apply to the associations. (3) The Bundeskartellamt shall deliver the opinion within four months from the receipt of the application. In order to draw up the opinion requested, the Bundeskartellamt has the investigative powers under § § 57 to 59 of the Act against Competition Restrictions. The Bundeskartellamt (Federal Cartel Office) is receiving an opinion from the Federal Network Agency. § 50c (1) of the Act against restrictions on competition applies accordingly. (4) The opinion of the Bundeskartellamt does not have a binding effect on its decisions under Parts 1 to 3 of the Act against restrictions on competition. (5) The Federal Ministry for Economic Affairs and Energy can also submit an application pursuant to paragraph 1. In this case, the European Commission shall communicate the relevant information referred to in the third sentence of paragraph 1. It provides an opinion of the Bundeskartellamt (Bundeskartellamt), which is also forwarded to the Commission of the European Union, in order to assess the competition. This also applies in the event that the European Commission, at its own initiative for one of the sectoral activities in Germany, initiates such a procedure. (6) The finding that the activity in question is directly related to competition Where the European Commission has confirmed this, or within the period referred to in Article 35 in conjunction with Annex IV of Directive 2014 /25/EU of the European Parliament, the Commission shall, in accordance with Article 35 of Directive 2014 /25/EU, be deemed to have suspended markets which are not subject to any access restriction European Parliament and of the Council of 26 February 2014 on the award of contracts by Entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004 /17/EC (OJ L 175, 5.7.2004, p. 243), and the Federal Ministry of Economics and Energy has announced that the period has expired in the Federal Gazette (Bundesanzeiger). (7) Paragraphs 1 to 6 shall apply to contracting entities within the meaning of the § 143 of the Act against restrictions on competition accordingly. Unofficial table of contents

§ 4 Joint procurement of contracts

(1) Several contracting entities may agree to jointly award certain contracts. This also applies to the award of contracts jointly with contracting authorities from other Member States of the European Union. The possibilities for the use of central purchasing bodies shall remain unaffected. (2) Insofar as the award procedure is carried out jointly on behalf of and on behalf of all contracting entities, they shall be responsible for compliance with the provisions on the Procurement procedures jointly responsible. This shall also apply if an adjudicating entity carries out the procedure on its own behalf and on behalf of the other contracting entities alone. In the event of only partial joint implementation, the contracting entities shall be jointly responsible only for those parts which have been jointly carried out. Where an order is jointly awarded by contracting entities from different Member States of the European Union, they shall define the powers and the applicable provisions of national law by agreement and shall specify the Procurement documents. Unofficial table of contents

§ 5 Maintenance of confidentiality

(1) Unless otherwise provided for in this Regulation or other legislation, the contracting entity shall not disclose information provided by the undertakings and identified as confidential by them. This includes, in particular, operating and business secrets and the confidential aspects of the offers, including their assets. (2) In all communications, as well as in the exchange and storage of information, the client must: ensure the integrity of the data and the confidentiality of the expressions of interest, confirmations of interest, requests for participation and offers, including their annexes. The expressions of interest, confirmations of interest, requests for participation and offers, including their annexes, as well as documentation concerning the opening and valuation of requests for participation and offers, are confidential even after the conclusion of the award procedure. (3) The contracting authority may require undertakings to prescribe requirements for the protection of the confidentiality of the information in the context of the procurement procedure, including information relating to the use of a Qualification system shall be made available. This includes, in particular, the submission of a declaration of confidentiality.

Footnote

(+ + + § 5: For application, see Section 60 (2) + + +) Unofficial table of contents

§ 6 Prevention of conflicts of interest

(1) A contract award procedure shall not be allowed to participate in the award procedure. (1) OrganMembers or employees of the contracting authority or a procurement service provider acting on behalf of the contracting authority which has a conflict of interest shall not participate in a contract award procedure. (2) There is a conflict of interest for persons who are involved in the execution of the award procedure or who can influence the outcome of an award procedure and who are involved in a direct or indirect financial, economic or have a personal interest in their impartiality and independence in the (3) It is suspected that there is a conflict of interest where the persons referred to in paragraph 1 of this Article are concerned.
1.
are candidates or tenderers,
2.
advise or otherwise support an applicant or tenderer, or represent it as a legal representative or only in the award procedure,
3.
employed or active
a)
in the case of an applicant or tenderer against payment or with him as a member of the board of directors, supervisory board or similar body, or
b)
in the case of an undertaking entered in the award procedure, where the undertaking has business relations with the contracting authority and the applicant or tenderer.
(4) The presumption of paragraph 3 shall also apply to persons whose members meet the conditions laid down in paragraph 3 (1) to (3). Relatives are the fiancée, the spouse, life partner, relatives and disappeared straight line, siblings, children of the siblings, spouses and life partners of the siblings and siblings of the spouses and life partners, siblings of the parents as well as foster parents and foster children.

Footnote

(+ + + § 6: For application, see Section 60 (2) + + +) Unofficial table of contents

Section 7 Participation in the preparation of the procurement procedure

(1) Where a company or a company associated with it has advised the contracting entity or has been involved in the preparation of the award procedure in other ways (the prepaid undertaking), the contracting entity shall take the necessary steps to: appropriate measures to ensure that competition is not distorted by the participation of that undertaking. (2) The measures referred to in paragraph 1 shall include, in particular, the information of the other undertakings participating in the award procedure in Reference to the relevant information in connection with the inclusion of the (3) Prior to an exclusion in accordance with § 124 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1), 6 of the Act against restrictions on competition is the possibility for the reserved company to demonstrate that its participation in the preparation of the award procedure cannot distort competition. Unofficial table of contents

§ 8 Documentation

(1) The client is obliged to document the progress of the award procedure in a timely manner. To this end, he shall ensure that he has sufficient documentation to take decisions at all stages of the award procedure, in particular the stages of negotiation or dialogue, the selection of participants and the award decision, (2) The adjudicating entity shall keep the relevant documents for each contract. The documents shall be sufficiently detailed to enable at a later stage at least the following decisions to be understood and justified:
1.
Qualification and selection of participants as well as award of the award,
2.
Recourse to negotiated procedures without prior participation competition,
3.
Non-application of this Regulation, on the basis of the exceptions provided for in Part 4 of the Law on Competition restrictions
4.
Reasons for which others have been used as electronic means of communication for the electronic submission of tenders.
(3) The documentation shall be kept until the end of the contract period or framework agreement, but at least for three years from the date of the surcharge. The same applies to copies of all concluded contracts, which have at least the following order value:
1.
EUR 1 million in the case of supply or service contracts;
2.
EUR 10 million in the case of works contracts.
(4) The documentation or the main elements thereof shall be transmitted to the European Commission and to the competent supervisory or audit authorities at their request.

Subsection 2
Communication

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§ 9 Principles of communication

(1) In order to send, receive, forward and store data in a contract award procedure, contracting entities and undertakings use in principle equipment and programmes for electronic data transmission (electronic means). (2) Communication in an award procedure, it may take place orally if it does not affect the tender documents, the requests to participate, the confirmations of interest or the offers, and if it is documented sufficiently and in an appropriate manner. (3) The client can be used by any company to specify a unique Require the company name and an electronic address (registration). The contracting authority may not require registration for access to the contract notice and to the tender documents; a voluntary registration is permitted. Unofficial table of contents

§ 10 Requirements for the electronic means used

(1) The adjudicating entity shall establish the necessary level of security for the electronic means. Electronic means used by the contracting authority for the receipt of tenders, requests for participation and confirmations of interest, plans and drafts for planning competitions shall ensure that:
1.
the time and the date of the data reception are to be determined,
2.
no pre-fresh access to the received data is possible,
3.
the date for the initial access to the data received can only be determined or modified by the beneficiaries,
4.
only the beneficiaries have access to the data received or to a part thereof,
5.
only the beneficiaries may grant third parties access to or part of the data received after the fixed date;
6.
data received shall not be transmitted to unauthorised persons; and
7.
Infringements or attempted infringements of the requirements referred to in points 1 to 6 may be clearly identified.
(2) The electronic means used by the contracting authority for the receipt of tenders, requests for participation and confirmations of interest, plans and drafts for planning competitions shall be subject to a uniform Data exchange interface. The applicable interoperability and safety standards for information technology in accordance with § 3 (1) of the Treaty on the establishment of the IT Planning Council and on the basis of cooperation in the use of information technology are in the administrations of the Federal Government and the Länder of 1 April 2010. Unofficial table of contents

Section 11 Requirements for the use of electronic means in the award procedure

(1) Electronic means and their technical characteristics must be generally available, non-discriminatory and compatible with information and communication technology equipment and programmes widely used. They must not restrict the access of undertakings to the award procedure. The client guarantees the barrier-free design of the electronic funds in accordance with § § 4 and 11 of the disability equality law of 27 April 2002 (BGBl. 1467, 1468), as amended. (2) The adjudicating entity shall use exclusively such electronic means for the transmission, reception, forwarding and storage of data in a contract award procedure, which shall ensure the integrity of the data. (3) The client must provide the company with all the necessary information on the data available on the website.
1.
the electronic means used in an award procedure,
2.
the technical parameters for the submission of requests for participation, offers and confirmations of interest by means of electronic means and
3.
the encryption and time-detection methods used.

Footnote

(+ + + § 11: For application, see Section 20 (3) + + +) Unofficial table of contents

§ 12 Use of alternative electronic means in communication

(1) The adjudicating entity may require the use of electronic means which are not generally available (alternative electronic means) in the procurement procedure if he/she is
1.
to grant, during the entire tendering procedure, free, unrestricted, full and direct access to these alternative electronic means under an Internet address; and
2.
using these alternative electronic means themselves.
(2) In the context of the award of works and for planning competitions, the contracting authority may require the use of electronic means for the modelling of the construction of buildings. Provided that the electronic means required for modelling data are not generally available, the contracting entity shall offer alternative access to them in accordance with paragraph 1.

Footnote

(+ + + § 12: For application, see Section 20 (3) + + +)

Section 2
Procurement procedure

Subsection 1
Types of procedure, time limits

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Section 13 Election of the type of procedure

(1) The contracting authority shall make available for the award of contracts the open procedure, the non-open procedures and the negotiated procedure with participation competition as well as the competitive dialogue after its selection. The Innovation Partnership shall be available in accordance with the provisions of this Regulation. (2) The adjudicating entity may award contracts in the negotiated procedure without participation competition,
1.
where, in the context of a negotiated procedure with competition, no tenders or no suitable requests for participation have been submitted, provided that the original conditions of the contract are not substantially altered; an offer shall be deemed to be unsuitable if, without amendment, it appears to be unable to meet the needs and requirements of the contracting authority mentioned in the contract notice or the contract award documents; a request for participation shall be deemed to have been submitted to: unsuitable if the company is contrary to Article 142 (2) of the Act it is possible to exclude or exclude restrictions on competition or if it does not meet the objective criteria relating to suitability;
2.
if an order serves purely for the purposes of research, experimentation, studies or development, and not for the purposes of a profit-making intention or coverage of research and development costs and, where the contract is awarded, for: is not detrimental to follow-up contracts, in particular for those purposes;
3.
if the order can only be provided or made available by a particular company,
a)
because a unique piece of art or a unique artistic performance is to be created or acquired,
b)
because, for technical reasons, there is no competition, or
c)
on the grounds of the protection of exclusive rights, including intellectual property rights;
4.
where extremely urgent, compelling reasons relating to events which the contracting authority has not been able to foreshold do not allow the minimum periods to be complied with for the open and non-open procedures, and for the negotiated procedures with participation competition; the circumstances justifying the utmost urgency must not be attributed to the contracting authority;
5.
if additional delivery services of the original contractor are to be procured, which are intended either for the partial renewal or extension of services already provided, and a change of the company would result in the the contracting authority would have to purchase a service with different technical characteristics, which would involve technical incompatibility or disproportionate technical difficulties in the event of use and maintenance;
6.
if a building or service is to be procured which consists in the repetition of similar services awarded by the same contracting authority to the undertaking which has received the first contract, provided that it has a basic project , and this project was the subject of the first contract awarded in the context of an award procedure, with the exception of a negotiated procedure, without competition; the possibility of applying the negotiated procedure must be are already indicated in the contract notice of the first project; in addition, the basic project already includes the scope of possible construction or services as well as the conditions under which they are awarded; the total order value envisaged for the subsequent construction or service activities shall be taken into account by the contracting entity in calculating the value of the contract
7.
in the case of a delivery service which is listed and purchased on a stock exchange;
8.
for occasional procurements, where it is possible to procure supplies by making use of a particularly advantageous opportunity which exists only in the short term and at which a price is significantly below the usual market prices;
9.
if delivery or services are subject to particularly favourable conditions for suppliers who cease their business activities, or in the case of insolvency administrators in the course of insolvency proceedings or in the case of insolvency proceedings or one of the provisions of another Member State of the European Union shall be acquired in the same way; or
10.
if, following a planning competition within the meaning of section 60, a service contract must be awarded to the winner or to one of the prizewinners in accordance with the conditions of this competition; in the latter case, all the winners of the award must be awarded the Competition to participate in the negotiations.
(3) The conditions laid down in paragraph 2 (3) (a) and (b) for the application of the negotiated procedure without participation competition shall apply only if there is no reasonable alternative or alternative solution and the lack of competition does not apply to: is the result of an artificial limitation of the order delivery parameters. Unofficial table of contents

§ 14 Open procedure; Deadlines

(1) In an open procedure, any interested undertaking may submit an offer. (2) The time limit for receipt of tenders (period of supply) shall be at least 35 days from the date of dispatch of the contract notice. (3) For the Where a reasonable urgency makes it impossible to meet the time limit laid down in paragraph 2, the contracting entity may set a time limit not less than 15 days from the date of dispatch of the contract notice (4) The adjudicating entity may reduce the period referred to in paragraph 2 by five days if: it accepts the electronic transmission of tenders. Unofficial table of contents

Section 15 Non-open procedures and negotiated procedures with prior participation competition; deadlines

(1) In a non-open procedure as well as a negotiated procedure with prior participation competition, any interested company can submit an application for participation. (2) The deadline for receipt of the participation applications (participation deadline) is at least 30 days from the day after the dispatch of the contract notice or the call for expressions of interest. It may in no case be less than 15 days. (3) The offer period may be determined by mutual agreement between the adjudicating entity and the selected candidates. All selected candidates must have the same offer period. In the event of a consensual deadline, the offer period shall be at least ten days from the day following the dispatch of the invitation to tender. (4) The contracting authority may, in the negotiated procedure, the order on the The basis of the initial bids shall be awarded without entering into negotiations if it has reserved this possibility in the contract notice or in the invitation to confirm the interest.

Footnote

(+ + + § 15 (3): For application, see Section 22 (4) + + +) Unofficial table of contents

§ 16 Deadline; obligation to extend the time limit

(1) When determining the time-limits for receipt of tenders and requests to participate, the contracting entity shall take into account the complexity of the service and the time required for the preparation of tenders. (2) The tenders may only be subject to the following conditions: where a visit to the site or the inspection of the contract documents is carried out on the contracting authority, the minimum required time limit shall, if necessary, be such that the candidates shall be in possession of all the information they provide to the contracting authorities for the (3) The deadlines for quotation are to be extended,
1.
if additional information is not made available not later than six days before the end of the offer period, despite the timely request by a company; in cases of sufficiently justified urgency in accordance with Section 14 (3), this information shall be Period four days, or
2.
if the adjudicating entity makes substantial changes to the tender documents.
The extension of the period shall be proportionate to the importance of the information or modification and shall ensure that all companies are able to take knowledge of the information or changes. This shall not apply if the information or modification has not been requested in due time or if its significance for the preparation of the offer is insignificant. Unofficial table of contents

Section 17 Competition Dialogue

(1) In the contract notice or the tender documents for the implementation of a competitive dialogue, the client describes his needs and requirements for the performance to be procured. At the same time, it mentions and explains the award criteria used in this context and sets out a provisional timeframe for the dialogue. (2) The contracting authority calls for an unlimited number of companies to participate in the competition publicly to submit applications for participation. Any interested company may submit a request for participation. With the application for participation, the companies submit the information required by the contracting authority to verify their suitability. (3) The time limit for receipt of requests to participate shall be at least 30 days from the day after the date of dispatch of the Contract notice. It must not in any case be less than 15 days. (4) Only those companies which are invited to do so by the contracting authority after having examined the information provided can participate in the dialogue. The contracting authority may limit the number of suitable candidates who are invited to participate in the dialogue, in accordance with Article 45 (3). (5) The contracting entity shall enter into a dialogue with the selected undertakings in which it shall determine and determine how its Needs and requirements can best be met. In doing so, he can discuss all aspects of the contract with the selected companies. It shall ensure that all undertakings are treated in the same way as they are engaged in dialogue, shall not submit any proposed solutions or confidential information of a company to the other undertakings without their consent and shall only use them within the framework of the respective award procedures. Such consent may not be given in general terms, but only with regard to the intended communication of certain information. (6) The contracting authority may provide that the dialogue shall be conducted in successive stages, provided that the contracting authority has referred to it in the contract notice or in the tender documents. In each dialogue phase, the number of solutions to be discussed can be reduced on the basis of the predetermined award criteria. The client has to inform the companies if their solutions are not provided for the following dialogue phase. In the final phase, there are still so many solutions that genuine competition is guaranteed, provided that there was originally a sufficient number of solutions or suitable bidders. (7) The contracting authority shall conclude the dialogue if: he has identified the solutions that can meet the needs and requirements of the service to be procured. The participants who remain in the procedure must be informed. (8) After the conclusion of the dialogue, the contracting authority shall invite the companies to have their final valid solutions on the basis of the solutions submitted and further elaborated during the dialogue phase. To submit an offer. The offers must contain all the details required to complete the project. The client may require clarifications and additions to these offers. Such clarifications or additions shall not result in the essential elements of the offer or of the public contract, including the needs specified in the contract notice or in the tender documents, and (9) The contracting authority shall have the tenders on the basis of the tenders referred to in the contract notice or in the contract notice. to assess award criteria for the award of the contract. The contracting authority may, with the undertaking whose offer has been identified as the most economic one, carry out negotiations with the aim of confirming, in the tender, any financial commitments or other conditions contained in the terms of the contract in conclusion. This shall not lead to a fundamental change in the essential elements of the offer or of the public contract, including the needs and requirements laid down in the contract notice or the procurement documents, which shall: (10) The adjudicating entity may provide for bonuses or payments to participants in the dialogue. Unofficial table of contents

Section 18 Innovation Partnership

(1) The contracting authority may enter into an innovation partnership for the award of a contract with the aim of developing an innovative performance and the subsequent acquisition thereof. The procurement needs of the Innovation Partnership must not be satisfied by services already available on the market. The contracting authority shall describe in the contract notice, the notice of the existence of a qualification system or the tender documents the demand for the innovative performance. Specify which elements of this description represent minimum requirements. Eligibility criteria should be set which relate to the skills of enterprises in the field of research and development and to the preparation and implementation of innovative solutions. The information provided must be so precise that the companies can identify the nature and extent of the required solution and decide whether to apply for participation in the proceedings. (2) The contracting authority shall request an unlimited number of in the context of a competition for participation, publicly available for the submission of applications. Any interested company may submit a request for participation. With the application for participation, the companies submit the information required by the contracting authority to verify their suitability. (3) The time limit for receipt of requests to participate shall be at least 30 days from the day after the date of dispatch of the Notice referred to in paragraph 1. It must not, in any case, be less than 15 days. (4) Only those undertakings which are invited by the contracting entity as a result of an evaluation of the information transmitted may be able to offer an offer in the form of research and research activities. Submit innovation projects. The contracting authority may limit the number of suitable candidates who are invited to submit tenders in accordance with Article 45 (3). (5) The contracting authority shall negotiate with the tenderers of the initial offers submitted by them and all subsequent offers, with Exception to the final offers, with the aim of improving the content of the offers. The contract may be negotiated over the entire order, with the exception of the minimum requirements and the award criteria laid down by the contracting authority in the tender documents. Where the contracting entity has referred to it in the contract notice or in the tender documents, it may carry out the negotiations in successive stages, in order to determine the number of tenders on which negotiations are to be carried out on the basis of: (6) The adjudicating entity shall ensure that all tenderers are treated in the same way as they are in the negotiations. In particular, it shall contain any discriminatory transfer of information which may favour certain tenderers in relation to others. It shall inform all tenderers whose tenders have not been excreted in accordance with paragraph 5 of this Article in the form of text pursuant to Section 126b of the Civil Code concerning any changes to the requirements and other information contained in the contract documents which do not include the To lay down minimum requirements. Following such changes, the contracting authority shall give the tenderers sufficient time to modify their tenders and, where appropriate, to submit revised tenders. The contracting authority shall not disclose confidential information of a tenderer participating in the negotiations without his consent to the other participants. Such consent may not be given in general terms, but only with regard to the intended communication of certain information. The contracting authority must set out in the tender documents the arrangements for the protection of intellectual property. (7) The innovation partnership shall be received by means of tenders for one or more bidders. The grant of the surcharge shall be excluded on the basis of the lowest price or the lowest cost. The contracting authority may enter into an innovation partnership with a partner or with a number of partners carrying out separate research and development activities. (8) The Innovation Partnership shall be implemented in accordance with the research and development policy. Innovation process structured in two successive phases:
1.
a research and development phase involving the production of prototypes or the development of the service, and
2.
a performance phase in which the performance resulting from the partnership is provided.
The phases shall be broken down by the establishment of intermediate objectives, upon which payment of the remuneration shall be agreed in appropriate partial amounts. The contracting authority shall ensure that the structure of the partnership, and in particular the duration and value of each phase, reflect the degree of innovation of the proposed solution and of the sequence of research and innovation activities. The estimated value of the supply or service may not be disproportionate in relation to the investment required for its development. (9) On the basis of the intermediate objectives, the contracting entity may, at the end of each development phase, be entitled to: decide whether to terminate the Innovation Partnership or, in the case of an Innovation Partnership with a number of partners, to reduce the number of partners by dismissal of individual contracts, provided that the contracting authority is in the contract notice or in the Award documents have pointed out that these possibilities exist and (10) At the end of the research and development phase, the contracting entity shall be obliged to acquire the innovative supply or service only if it has been received by the contracting authority in the course of the acquisition of the innovative supply or service. of the Innovation Partnership, and the cost ceiling.

Subsection 2
Special methods and instruments in the award procedure

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Section 19 Framework agreements

(1) The conclusion of a framework agreement shall be carried out by means of a procedure in force in accordance with this Regulation. The estimated order volume must be determined and disclosed as accurately as possible, but it does not need to be finally fixed. A framework agreement may not be used abusive or in a manner which impedes, restricts or distorts competition. (2) Individual contracts based on a framework agreement shall be determined on the basis of the contracting authority objective and non-discriminatory rules and criteria. This may also include the implementation of a new competition between those undertakings which are party to the framework agreement at the time of the conclusion. The rules and criteria shall be laid down in the tender documents or the contract notice. (3) Except for duly substantiated special cases where this is due in particular to the subject matter of the Framework Agreement , the duration of a framework agreement shall be a maximum of eight years. Unofficial table of contents

§ 20 Principles for the operation of dynamic procurement systems

(1) The contracting authority may use a dynamic purchasing system for the procurement of normal services. (2) In the case of the procurement of a dynamic purchasing system, the contracting authority shall comply with the rules for the non-open procurement system. (3) A dynamic purchasing system is set up and operated using electronic means. § § 11 and 12 shall apply. (4) A dynamic purchasing system shall be open throughout the period of its establishment to all tenderers who fulfil the eligibility criteria laid down in the respective award procedure. The number of candidates admitted to the dynamic purchasing system must not be limited. (5) Access to a dynamic purchasing system is free of charge for all companies. Unofficial table of contents

Section 21 Operation of a dynamic procurement system

(1) The adjudicating entity shall indicate in the contract notice that it uses a dynamic purchasing system and for which period it will operate. (2) Commissioned by the European Commission, the Commission shall inform the Commission of a change in the Validity period:
1.
If the period of validity is changed without the setting of the dynamic purchasing system, the Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015, Annex V to the Implementing Regulation (EU) 2015/1986, shall be used for the introduction of standard forms for the publication of Procurement notices for public contracts and repealing Implementing Regulation (EU) No 842/2011 (OJ L 136, 31.7.2/2011, p. 1), as amended in the current version, to be used in the relevant version.
2.
If the dynamic purchasing system is discontinued, the model contained in Annex VI to the Implementing Regulation (EU) 2015/1986 shall be used.
(3) The tender documents shall indicate at least the nature and estimated quantity of the performance to be procured and all the necessary data of the dynamic purchasing system. (4) The award documents shall indicate whether a dynamic Procurement system has been broken down into categories of services. Where appropriate, the objective characteristics of each category shall be disclosed. (5) If a contracting entity has broken down a dynamic purchasing system into categories of benefits, it shall specify the eligibility criteria for each category separately. (6) Eligible candidates shall be required to submit tenders separately for each individual contract award which is to be carried out by means of a dynamic purchasing system. Where a dynamic purchasing system has been broken down into categories of services, all eligible candidates for the category corresponding to a specific contract shall be invited to submit an offer. Unofficial table of contents

§ 22 Deadlines in the operation of a dynamic procurement system

(1) By way of derogation from § 15, the provisions of paragraphs 2 to 5 shall apply when using a dynamic purchasing system. (2) The time limit for receipt of requests to participate shall be at least 30 days from the day after the date of dispatch of the Contract notice or in the case of a regular non-binding notice pursuant to § 36 (4) after the dispatch of the invitation to confirm the interest. Once the invitation to tender for the first individual contract award has been sent in the context of a dynamic purchasing system, no further deadlines apply for the receipt of the requests to participate. (3) The client assesses the Application by a company to participate in a dynamic purchasing system based on objective criteria within ten working days of receipt of the latter. In justified individual cases, in particular where documents have to be examined or in order to verify in any other way whether the eligibility criteria are met, the time limit may be extended to 15 working days. If the invitation to tender for the first individual contract has not yet been sent in the context of a dynamic purchasing system, the contracting authority may extend the time limit, provided that no request is made during the extended period of time for the award of the contract. Submission of tenders shall be sent. The period extension shall be indicated in the tender documents. Each undertaking shall be immediately informed as to whether or not it has been authorised to participate in a dynamic purchasing system (4) The time limit for receipt of tenders shall be at least 10 days from the day after the date of receipt of the tenders. Submission of the invitation to tender. Section 15 (3) shall apply. Unofficial table of contents

Section 23 Principles for the implementation of electronic auctions

(1) In the context of an open, open or negotiated procedure, the contracting authority may carry out an electronic auction prior to the award of the award, provided that the content of the tender documents is described in a sufficiently precise way and that the content of the contract is subject to the following conditions: Performance can be classified using automatic evaluation methods. Intellectual-creative achievements cannot be the subject of electronic auctions. The electronic auction shall be subject to a full initial evaluation of all tenders based on the award criteria and the weighting given in each case. The rates 1 and 2 shall apply in the case of a re-award procedure between the parties to a framework agreement in accordance with § 19 and in the case of a new award procedure during the duration of a dynamic procurement system in accordance with § 20. An electronic auction may include several successive stages. (2) In the context of the electronic auction, tenders shall be electronically evaluated by means of fixed methods and automatically ranked. The gradual, repetitive, electronic evaluation of tenders shall be based on:
1.
New prices, revised downwards, if the contract is awarded solely on the basis of the price, or
2.
new, downward-corrected prices or new values to be adjusted to certain offer components, if the offer with the best price-performance ratio or, in the case of a cost-effectiveness approach, the lowest cost to the Surcharge.
(3) The valuation methods shall be defined by means of a mathematical formula, and shall be published in the invitation to participate in the electronic auction. If the award is not granted solely on the basis of the price, the mathematical formula must also give rise to the weighting of all the components of the offer referred to in the second sentence of paragraph 2 (2). If side-by-side offers are permitted, a mathematical formula is also to be published for them. (4) Offer components referred to in the second sentence of the second sentence of paragraph 2 must be described numerically or in percentage terms. Unofficial table of contents

Section 24 Implementation of electronic auctions

(1) The adjudicating entity announces in the contract notice or in the invitation to the confirmation of interest that it carries out an electronic auction. (2) The award documents must contain at least the following information:
1.
all offer components whose values will be the basis of the automatic neureizations of the offers,
2.
where appropriate, the upper limits of the values referred to in point 1, as they result from the technical specifications,
3.
a list of all the data provided to the bidders during the electronic auction,
4.
the date on which the data referred to in paragraph 3 are made available to tenderers,
5.
all data relevant to the expiry of the electronic auction; and
6.
the conditions under which bidders may submit bids during the electronic auction, in particular the minimum distances between the prices or values underlying the automatic renderings of tenders.
(3) The adjudicating entity shall, at the same time, invite bidders who have submitted admissible tenders to participate in the electronic auction. From that point on, the Internet connection shall be used in accordance with the instructions given in the invitation to participate in the electronic auction. The invitation to participate in the electronic auction shall be accompanied by the results of the full evaluation of the tender in question pursuant to Article 23 (1) sentence 3. (4) An electronic auction shall not be subject to two working days at the earliest after the date of the (5) In the course of each phase of the electronic auction, the contracting authority shall immediately inform all tenderers of at least the respective rank of their offer, within the order of all Offers with. He may make further data available to the tenderers pursuant to paragraph 2, point 3. The identity of the tenderers must not be disclosed at any stage of an electronic auction. (6) The date of the beginning and completion of each phase shall be indicated in the invitation to participate in an electronic auction as well as where appropriate, the time after the receipt of the latest new prices or values in accordance with section 23 (2), second sentence, points 1 and 2, before a phase of an electronic auction is completed. (7) An electronic auction shall be completed when
1.
the date previously established and announced in the invitation to take part in an electronic auction shall be reached,
2.
the tenderers shall not be notified of any new prices or values pursuant to section 23 (2), second sentence, points 1 and 2, which meet the requirements for minimum distances referred to in paragraph 2 (6), and the period of notice prior to the electronic auction, which shall: between the receipt of the last new prices or values and the completion of the electronic auction, has expired, or
3.
the last phase of an electronic auction has been completed.
(8) The surcharge shall be notified on completion of an electronic auction in accordance with the results of the contract. Unofficial table of contents

§ 25 Electronic catalogues

(1) The adjudicating entity may stipulate that tenders must be submitted in the form of an electronic catalogue or must include an electronic catalogue. Tenders submitted in the form of an electronic catalogue may be accompanied by further documents. (2) The contracting authority shall accept tenders in the form of an electronic catalogue or shall require tenders in the form of an electronic catalogue. the electronic catalogue shall be submitted in the notice of the contract or, if a regular non-binding contract notice serves as the contract notice, in the invitation to confirm the interest. (3) the contracting entity with one or more undertakings shall have a framework agreement in the Connection to the submission of tenders in the form of an electronic catalogue, it may prescribe that a re-award procedure for individual contracts shall be carried out on the basis of updated electronic catalogues, by:
1.
Calls on the tenderers to adapt their electronic catalogues to the requirements of the individual order to be awarded and to resubmit them, or
2.
the tenderer informs that, at a given time, the electronic catalogues already submitted will contain the data necessary for the purpose of drawing up tenders which meet the requirements of the individual order to be awarded; this procedure shall be announced in the contract notice or in the tender documents for the conclusion of a framework agreement; the tenderer may refuse this method of data collection.
(4) Prior to the award of the surcharge, the data collected shall be submitted to the respective tenderer, so that he or she shall have the opportunity to appeal or to confirm that the offer does not contain any material errors.

Subsection 3
Preparation of the procurement procedure

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Section 26 Marking of the market

(1) Prior to the initiation of a procurement procedure, the contracting entity may carry out a market investigation in preparation for the award of the contract and for informing the market participants of its procurement plans and requirements. (2) The implementation of the procurement procedure shall be the award procedure shall be prohibited only for the purpose of market investigation and for the purpose of determining costs or prices. Unofficial table of contents

Section 27 Distribution by Losen

(1) Without prejudice to Article 97 (4) of the Act against restrictions on competition, the contracting authority may determine whether the tenders may be submitted only for a lot, for several or for all lots. It may, even if tenders may be submitted for several or all lots, limit the number of lots to a maximum number for which a single tenderer may be awarded the contract. (2) The adjudicating entity shall specify the conditions laid down in paragraph 1 in the Notice of contract notice, the invitation to confirm the interest or, in the case of a notice on the existence of a qualification system, in the invitation to negotiate or to submit a tender. It shall specify the objective and non-discriminatory criteria which it intends to apply in the award of lots if the application of the award criteria would result in a single tenderer being awarded the contract for a larger number of lots. than the maximum number. (3) In cases where a single tenderer may receive the contract for more than one lot, the contracting authority may award contracts for several or all of the lots if he or she is awarded the contract notice in the contract notice or in the invitation to Confirmation of interest has indicated that he reserves the right to do so and the lots or lot groups that can be combined. Unofficial table of contents

§ 28 Performance Description

(1) The adjudicating entity shall describe the description of the performance (Section 121 of the Law on Competition Restrictions) in such a way as to allow all companies to have equal access to the procurement procedure and to open up the national procurement market to (2) In the description of the performance, the characteristics of the subject of the contract shall be described:
1.
in the form of performance or functional requirements or a description of the task to be solved, which shall be as accurate as possible, to provide a clear picture of the subject-matter of the contract and to provide for sufficiently comparable offers, which enable the contracting authority to grant the surcharge,
2.
with reference to the technical requirements defined in Annex 1 in the order of precedence:
a)
national standards with which European standards are implemented,
b)
European Technical Assessments,
c)
common technical specifications,
d)
international standards and other technical reference systems drawn up by the European standardisation bodies; or
e)
if such standards and specifications are absent, national standards, national technical approvals or national technical specifications for the design, calculation and execution of structures and the use of products, or
3.
as a combination of numbers 1 and 2
a)
in the form of performance or functional requirements, with reference to the technical requirements referred to in point 2, as a means of presumption of conformity with these performance and functional requirements, or
b)
with reference to the technical requirements referred to in point 2 with regard to certain characteristics, and with reference to the performance and functional requirements referred to in point 1 with regard to other characteristics.
Any reference to a requirement laid down in point 2 (a) to (e) of the first sentence of the first subparagraph shall be accompanied by the words "or equivalent". (3) The characteristics may also concern aspects of quality and innovation, as well as social and environmental aspects. They may also refer to the process or method of production or provision of the service or to another stage in the life cycle of the subject of the order, including the production and supply chain, even if such Factors are not material components of the performance, provided that these characteristics are related to the subject matter of the contract and to its value and procurement objectives are proportionate. (4) It is also possible to define in the specifications of the contract, whether rights of intellectual property are transferred or the contracting entity (5) If mandatory accessibility requirements within the meaning of Article 121 (2) of the Act against restrictions on competition are adopted by means of a legislative act of the European Union, the Description of the performance, insofar as the criteria of accessibility for persons with disabilities or the design are concerned for all users, refer to it. (6) The performance description must not be based on a particular production or origin. or a special procedure, or to industrial property rights, types or a particular Origin shall be referred to where it favours or excludes certain undertakings or certain products, except where such reference is justified by the subject matter of the contract. Such references shall be permitted on an exceptional basis if, otherwise, the subject-matter of the contract cannot be described in a sufficiently precise and intelligible manner; the references shall be accompanied by the words "or equivalent". Unofficial table of contents

Section 29 Technical requirements

(1) In the description of the performance of the contracting authority, the contracting entity shall not refuse an offer on the grounds that the supply and services offered do not comply with the technical requirements laid down in Article 28 (2), first sentence, point 2. shall be in accordance with the technical requirements set out in the description of the performance of the undertaking, where the undertaking provides the contracting entity with appropriate means in its bid to ensure that the solutions proposed by the undertaking meet these technical requirements (2) The contracting authority shall lay down the technical requirements in the form of performance or functional requirements, the adjudicating entity shall not refuse an offer corresponding to the following:
1.
a national standard which implements a European standard,
2.
a European Technical Assessment,
3.
a common technical specification,
4.
an international standard, or
5.
a technical reference system which has been drawn up by the European standardisation bodies if these technical requirements relate to the performance and functional requirements which it requires.
The company must show in its offer that the relevant supply or service corresponding to the standard corresponds to the performance or functional requirements of the client. Documents may, in particular, be a technical description of the manufacturer or a test report of a recognised body. Unofficial table of contents

Section 30Notice of technical requirements

(1) The adjudicating entity shall make available to interested undertakings, at their request, the technical requirements to which it regularly refers in its contracts or which it intends to apply. (2) These technical requirements shall be (3) If the technical requirements cannot be made electronically accessible in accordance with paragraph 2, the contracting authority shall choose a different route to: to make technical requirements accessible. This shall also apply in the event that the contracting authority places requirements on the confidentiality of documents or documents made available to the candidates or tenderers by him in accordance with § 41 (4). Unofficial table of contents

Section 31 Verification of records by certificates of conformity assessment bodies

(1) In order to ensure that a performance meets certain characteristics required in the performance description, the contracting authority may submit certificates, in particular test reports or certifications, to a conformity assessment body require. Where the submission of a certificate issued by a certain conformity assessment body is required, the contracting authority must also accept certificates of equivalent other conformity assessment bodies. (2) The contracting authority shall also accept other than the certificates of conformity of the certificate. the appropriate documents referred to in paragraph 1, in particular a technical dossier of the manufacturer, where the undertaking did not have access to the certificates referred to in paragraph 1 or where it had not been possible to do so within the relevant time limits , provided that the company does not have access to the lack of access . In the cases referred to in the first sentence, the company shall have to prove, through the documents submitted, that the performance to be provided by the undertaking satisfies the specified requirements. (3) A conformity assessment body shall be a body which, in accordance with the provisions of the Regulation, (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down rules for the accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 1. 30), and carries out conformity assessment activities. Unofficial table of contents

Section 32 Verification of records by quality marks

(1) In order to ensure that a performance meets certain characteristics required in the specifications, the contracting authority may require the presentation of quality marks in accordance with paragraphs 2 to 5. (2) The quality mark shall be subject to all following Conditions are sufficient:
1.
All requirements of the quality mark are suitable for the determination of the characteristics of the performance and are in connection with the subject matter of the contract in accordance with § 28 (3).
2.
The requirements of the quality mark are based on objectively verifiable and non-discriminatory criteria.
3.
The quality mark has been developed within the framework of an open and transparent procedure, in which all interested parties can participate.
4.
All the companies concerned must have access to the quality mark.
5.
The requirements were laid down by a third party to which the company which acquired the quality mark could not exercise any significant influence.
(3) In the event that the service does not have to comply with all the requirements of the quality mark, the contracting authority shall specify the requirements in question. (4) The adjudicating entity must accept other quality marks which satisfy the same requirements as to the requirements of the (5) If, for reasons which cannot be attributed to him, a company has demonstrably not been able to obtain the quality mark specified by the contracting authority or an equivalent quality mark within a relevant time limit, it must: the contracting entities accept other appropriate supporting documents, provided that: It shall indicate that the performance to be performed by the undertaking satisfies the requirements of the required quality mark or the specific requirements specified by the contracting authority. Unofficial table of contents

§ 33 Side offers

(1) The adjudicating entity may allow or prescribe side offers. In doing so, it lays down minimum requirements to which the side offers must comply. (2) The relevant information shall be provided by the contracting entities in the contract notice or in the tender documents. If a corresponding indication is missing, no additional offers are permitted. It is also necessary to indicate whether a side offer may be submitted independently or only in connection with a main bid. In the absence of such an indication, additional offers are also permitted without a main offer. (3) The award criteria must be determined in accordance with Section 127 (4) of the Act against restrictions on competition in such a way that they are subject to both the main offers and the Additional offers are applicable. Additional offers may also be allowed or prescribed if the price or costs are the sole criterion for the award. (4) The client only takes account of the anci-c offers which meet the minimum requirements. In the case of the procedures for the award of supply or service contracts, contracting entities which have approved or prescribed ancestial offers shall not reject a side offer solely on the grounds that they are awarded on the basis of the award of the contract. should lead to either a service contract instead of a supply contract or a supply contract instead of a service contract. Unofficial table of contents

Section 34 Submissions

(1) The adjudicating entity may require undertakings in the contract notice or the tender documents to submit, in the event of a tender, the parts of the contract which they intend to award to third parties by way of subcontracting, and, if reasonable, the shall be designated by the subcontractors. Prior to the award of the contract, the contracting authority may require tenderers whose tenders are shortlisted to designate the subcontractors and to prove that they have the necessary resources available to them. (2) The principal contractor's liability to the contracting authority shall not be without prejudice to paragraph 1. (3) In the case of the award of works or service contracts, which shall be provided under the direct supervision of the contracting authority in a setting up of the contracting authority , the contracting authority shall prescribe, in the terms of the contract, that the contractor shall: at the latest at the beginning of the execution of the contract, the names, contact details and legal representatives of its subcontractors shall be notified and any change to be made in the course of the execution of the order at the level of the sub-contractors is to be communicated The adjudicating entity may also provide for the notification requirements as set out in the first sentence as contractual conditions for the award of other service contracts or in the award of supply contracts. In addition, the notification obligations may also be extended to suppliers who are involved in service contracts and to further steps in the subcontractors ' chain. (4) For subcontractors of all stages, § 128 (1) applies. (5) The contracting authority, within the meaning of Article 100 (1) (1) of the Act against restrictions on competition, shall, before issuing the surcharge, verify whether the reason for the exclusion of the subcontractor is exist. If there are compelling reasons for exclusion, the contracting authority shall require the subcontractor to be replaced. In the event of optional grounds for exclusion, the contracting authority may require the contracting authority to be replaced. The contracting authority may set a time limit for the applicant or tenderer.

Subsection 4
Publication, transparency

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Section 35 Order announcements, description of the order

(1) The adjudicating entity shall communicate its intention to award a contract or to conclude a framework agreement in a contract notice. The contract notice shall be drawn up in accordance with the model set out in Annex V of the Implementing Regulation (EU) 2015/1986. (3) The contracting authority shall designate the contract notice in the contract notice. Contracting Chamber, to which the companies can turn to the investigation of alleged award violations. (4) In addition, the contracting authority can set up a buyer profile on the Internet. This may include regular non-binding notices, information on ongoing or raised procurement procedures, contracts awarded, and any other information of general interest such as contact point, telephone and fax numbers, Address and e-mail address of the payer. Unofficial table of contents

Section 36 Regular non-binding notice

(1) The contracting authority may announce the intention of a planned contract award by publishing a regular non-binding contract notice in accordance with the model set out in Annex IV to the Implementing Regulation (EU) 2015/1986. (2) Regular non-binding notice may be published by the Publications Office of the European Union or in the description profile. If the publication is published in the buyer's profile, the contracting authority shall forward the communication of this publication to the Publications Office of the European Union in accordance with the model set out in Annex VIII to the Implementing Regulation (EU) 2015 /1986. (3) Where the contracting authority has published a periodic indicative notice as referred to in paragraph 1, the minimum time limit for the receipt of tenders in open procedures may be reduced to 15 days, provided that:
1.
the periodic indicative notice shall contain all the information required in accordance with Annex IV to the Implementing Regulation (EU) 2015/1986, to the extent that this information is not binding at the time of publication of the periodic indicative notice , and
2.
the periodic indicative notice has been submitted for publication to the Publications Office of the European Union for at least 35 days and not more than 12 months before the date of dispatch of the contract notice.
(4) The adjudicating entity may waive the contract notice in accordance with § 35 in the non-open procedure and in the negotiated procedure, provided that the periodic indicative notice is not binding.
1.
designates the supply or services which will be the subject of the contract to be awarded,
2.
the fact that the contract is awarded in the non-open procedure or negotiated procedure without a separate contract notice,
3.
invites interested companies to communicate their interest (expressions of interest),
4.
contains all the information requested in accordance with Annex IV to the Implementing Regulation (EU) 2015/1986; and
5.
shall be published for at least 35 days and not more than 12 months before the date of dispatch of the request for confirmation of interest.
Notwithstanding the obligation to publish the notice, such regular non-binding notices may be published in addition in a buyer profile. (5) The contracting authority shall require all undertakings to be notified of the publication of the notice. The publication of a periodic indicative notice referred to in paragraph 4 has sent an expression of interest in order to confirm their interest in a further participation (call for confirmation of interest). The contest will be initiated with the call for confirmation of interest. The time limit for receipt of the confirmation of interest is 30 days from the date of dispatch of the request for confirmation of interest. (6) The period covered by the regular non-binding notice is no more than 12 months from the date on which the publication of the periodic indicative notice to the Publications Office of the European Union is not binding. Unofficial table of contents

Section 37 Announcement of the existence of a qualification system

(1) The contracting authority may announce the intention to award the contract by means of the notice on the existence of a qualification system. (2) The notice on the existence of a qualification system shall be published in accordance with the procedure laid down in Annex VII to the Implementing Regulation (EU) 2015/1986. The contracting authority shall indicate in the contract notice the purpose and duration of validity of the system. (3) Changes in the period of validity without changing the system shall be carried out in accordance with the model set out in Annex XI to the Implementing Regulation (EU) 2015/1986 created. At the end of the system, the pattern for contract notices referred to in Article 38 of Annex VI to the Implementing Regulation (EU) 2015/1986 shall be used. Unofficial table of contents

Section 38 Procurement Notices; Notice of Contract Changes

(1) The contracting authority shall, not later than 30 days after the award of the contract or after the conclusion of a framework agreement, communicate a contract notice with the results of the award procedure to the Publications Office of the European Union. (2) The contract notice shall be drawn up in accordance with the model set out in Annex VI to the Implementing Regulation (EU) 2015/1986. (3) The award procedure has been set in motion by a regular non-binding notice and has the following: Contracting entities decided not to award further contracts during the period (4) The contract notice shall include the concluded framework agreements, but not the contract notice. (4) The contract notice shall include the concluded framework agreements, but not the on the basis of individual contracts awarded on their basis. In the case of contracts awarded under a dynamic purchasing system, the contract notice shall include a quarterly compilation of the individual contracts, and the compilation must be sent no later than 30 days after the end of the quarter. (5) Changes in the order pursuant to Section 132 (2) (2) and (3) of the Act against restrictions on competition are subject to restrictions in accordance with Article 132 (5) of the Act against restrictions on competition, using the model in accordance with Annex XVII of the Act Implementing Regulation (EU) 2015/1986. (6) The contracting authority is not is obliged to publish individual information when its publication
1.
to obstruct law enforcement,
2.
to run counter to the public interest,
3.
harm the legitimate business interests of a company, or
4.
affect fair competition between companies
(7) In the case of service contracts awarded in the field of research and development (R&D services), the information on the nature and quantity of the service may be limited to:
1.
the indication of "R&D services" provided that the contract has been awarded in the course of a negotiated procedure without prior participation competition,
2.
to information in the contract notice, which shall be at least as detailed as in the contract notice.
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Section 39 Notices on the award of social and other special services

(1) The contracting authority shall communicate its intention to award a contract for the provision of social or other special services within the meaning of Article 130 (1) of the Act against restrictions on competition, by means of:
1.
a contract notice pursuant to § 35,
2.
a regular non-binding notice pursuant to Article 36 (4) or
3.
A notice on the existence of a qualification system in accordance with § 37
with.
This shall not apply if a negotiated procedure without prior participation competition in accordance with Section 13 (2) would be allowed; § 13 (2) remains unaffected. (2) The notices referred to in paragraph 1 shall be based on the model set out in Annex XIX to the Implementing Regulation (EU) 2015/1986. (3) The contracting authority which has awarded a contract for the provision of social and other special services shall communicate the results of the award procedure using the procedure set out in Annex XIX to the Implementing Regulation (EU) 2015/1986. It can bundle the award notices on a quarterly basis. In this case, it will send the compilation no later than 30 days after the end of the quarter. Unofficial table of contents

Section 40 Publication of notices

(1) Contract notices, regular non-binding notices pursuant to Section 36 (4), notices on the existence of qualification systems and contract notices (notices) shall be the Publications Office of the European Union. European Union with electronic means. The contracting authority must be able to demonstrate the date of dispatch. (2) Notices are published by the Publications Office of the European Union. Proof of publication is the confirmation of the publication of the information received by the contracting authority from the Publications Office of the European Union. (3) Notices at national level may be published after the publication of the publication. Publication by the Publications Office of the European Union or 48 hours after the date of receipt of the notice of publication by the Publications Office of the European Union. The publication may contain only information contained in the notices sent to the Publications Office of the European Union or published in a description of the notices. The national notice shall indicate the date of transmission to the Publications Office of the European Union or the date of publication in the buyer profile. (4) The contracting authority may also make public notices of construction, supply or distribution of goods or services. To the Office for Official Publications of the European Union, service contracts which are not subject to the notification obligation. Unofficial table of contents

Section 41 Provision of award documents

(1) The adjudicating entity shall indicate in the contract notice or the request for confirmation of interest an electronic address, under which the contract documents can be called up free of charge, fully, completely and directly. (2) In the In the event of a notice on the existence of a qualification system in accordance with § 37, such access shall be offered without delay, at the latest at the time of dispatch of the invitation to tender or to negotiate. The text of the contract notice or request shall contain the Internet address on which these tender documents are available. (3) The contracting authority may make the award documents available in another appropriate way, or when the necessary electronic means are required to retrieve the documents
1.
are not compatible with generally available or widely available information and communication technology equipment and programmes,
2.
Use file formats to describe the offers that cannot be processed with generally available or distributed programs, or which are protected by other than free and generally available licenses, or
3.
require the use of office equipment that are not generally available to contracting entities.
In these cases, the offer period shall be extended by five days, unless a case of sufficiently substantiated urgency has been submitted in accordance with Section 14 (3) or the time limit has been determined by mutual agreement in accordance with Article 15 (3). (4) The Contracting entities shall indicate in the contract notice or the invitation to confirm the interest or, where a contract notice is made of the existence of a qualification system, in the tender documents, the measures to be taken in order to protect the The confidentiality of information is applied and how the award documents are accessed can. In such cases, the offer period shall be extended by five days, unless the measure to protect confidentiality consists solely in the submission of a declaration of confidentiality, a case of sufficiently substantiated urgency, in accordance with Section 14 (3) before or the time limit has been determined by mutual agreement in accordance with Article 15 (3). Unofficial table of contents

Section 42 Call for confirmation of interest, invitation to tender, negotiation or participation in the dialogue

(1) Where a competition has been carried out, the contracting entity shall select candidates which he requests to submit an offer or a negotiated procedure in a non-open procedure and to negotiate it, on the basis of: (2) The invitation to paragraph 1 shall contain at least:
1.
an indication of the published contract notice,
2.
the date on which an offer has to be received, the address of the body to which it is to be submitted, the nature of the submission and the language in which it is to be drawn up;
3.
in the case of a competitive dialogue, the date and place of the beginning of the dialogue phase, as well as the language used,
4.
the name of any documents to be annexed, unless already included in the contract notice,
5.
the weighting of the award criteria or, where appropriate, the criteria in the descending order of importance, unless already included in the contract notice or the invitation to confirm the interest.
In the case of public contracts awarded in a competitive dialogue or in the framework of an innovation partnership, the information referred to in point 2 of the first sentence shall not be included in the invitation to participate in the dialogue or in the negotiations (3) In the event of a regular non-binding notice in accordance with Article 36 (4), the contracting entity shall at the same time request all undertakings which have In accordance with Article 36 (5), they have sent an expression of interest to confirm their interest. This request shall include at least the following information:
1.
the scope of the contract, including all options for additional orders, and, where possible, an assessment of the time limit for the exercise of these options; in the case of recurring contracts, the nature and scope and, where possible, the expected date the publication of future contract notices for the supply or services which are to be the subject of the contract;
2.
the nature of the procedure;
3.
where appropriate, the date on which the delivery service is provided or where the service is to begin or be completed,
4.
the Internet address on which the tender documents are available, free of charge, in full and in full, directly,
5.
if no electronic access to the tender documents can be made available, the address and the final date of the request for the award documents, and the language in which they are drafted,
6.
the address of the contracting authority to which the contract is awarded,
7.
all the economic and technical requirements, financial collateral and information required by the undertakings,
8.
the nature of the contract which is the subject of the award procedure, and
9.
the award criteria and their weighting or, where appropriate, the criteria in the ranking of their importance if these are not included in the periodic non-binding contract notice or the award documents.
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§ 43 Form and transmission of offers, requests to participate, expressions of interest and confirmations of interest

(1) Companies shall transmit their offers, requests for participation, expressions of interest and confirmations of interest in text form in accordance with § 126b of the Civil Code using electronic means. (2) The Client shall not be obliged to: To require the submission of tenders, requests for participation, expressions of interest and confirmations of interest with the help of electronic means, if the electronic means required for submission are one of the reasons referred to in Article 41 (3) , or if at the same time physical or scale models , which cannot be transmitted electronically. In such cases, the communication shall be carried out by post or by any other appropriate means or combination of postal or other appropriate means and using electronic means. (3) The contracting authority shall indicate in the notice of award of the contract. the reasons why the offers can be submitted using other than electronic means. Unofficial table of contents

§ 44 Increased security requirements in the transmission of tenders, requests to participate, expressions of interest and confirmations of interest

(1) The adjudicating entity shall examine, in individual cases, whether data to be transmitted shall place increased demands on security. Insofar as it is necessary, it may require tenders, requests to participate, expressions of interest and confirmations of interest with an advanced electronic signature in accordance with Section 2 (2) of the Signature Act of 16 May 2001 (BGBl. 876), as last amended by Article 4 (111) of the Law of 7 August 2013 (BGBl). I p. 3154), or with a qualified electronic signature according to § 2 (3) of the Signature Act of 16 May 2001 (BGBl. 876), as last amended by Article 4 (111) of the Law of 7 August 2013 (BGBl). 2) The contracting authority may decide that tenders must be submitted using other than electronic means, provided that they contain particularly sensitive data which, when used in general, may be used in the case of a or alternative electronic means cannot be adequately protected, or where the security of electronic means cannot be guaranteed. The contracting authority shall document the reasons why it considers the submission of tenders to be necessary by means of other than electronic means.

Subsection 5
Requirements for enterprises

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§ 45 Principles

(1) In the selection of participants in procurement procedures, the contracting authority shall comply with the principles set out in paragraphs 2 and 3. (2) In the case of a non-open procedure, negotiated procedure, competitive dialogue or innovation partnership the contracting entity must not make any administrative, technical or financial requirements relating to its selection decision which it does not provide to other undertakings and shall not require proof of compliance with the updating of criteria, which are covered by existing evidence. (3) In cases where the contracting entity has to ensure an appropriate balance between certain characteristics of the procurement procedure and the necessary resources for its implementation, it may, in the case of non-open procedures, negotiated procedures, competitive procedures, dialogues or innovation partnerships establish objective criteria to limit the number of candidates who are invited to submit a bid or to open negotiations. However, the number of candidates selected must take account of the need for adequate competition to be ensured. Unofficial table of contents

Section 46 Objective and non-discriminatory criteria

(1) The adjudicating entity shall select the undertakings on the basis of objective criteria which must be accessible to all interested undertakings. (2) The objective and non-discriminatory criteria for the selection of undertakings which qualify for qualification shall be the Applying for a qualification system, as well as for the selection of candidates and tenderers in open procedures, non-open procedures, negotiation procedures, competitive dialogue or an innovation partnership, can be applied in accordance with § 142 (2) of the Act against restrictions on competition, the application of Section 123 of the Law against restrictions on competition. In accordance with Section 100 (1) (1) of the Act against restrictions on competition, these criteria include the application of § 123 of the Act against restrictions on competition in accordance with Section 142 (2) of the Act against Competition Restrictions. Restrictions on competition. Unofficial table of contents

§ 47 Loan lending

An applicant or tenderer may, for a given contract with a view to the necessary economic and financial as well as technical and professional capacity, take advantage of the capacity of other undertakings if he/she is proves that the funds necessary for the contract will actually be available to it by presenting, for example, a corresponding undertaking by these companies. This possibility exists irrespective of the legal nature of the links between the applicant or the bidder and the other undertakings. An applicant or tenderer may, however, only in the case of evidence of the required professional performance, such as training and qualifications or the relevant professional experience, the capacity of other undertakings in the (2) The adjudicating entity shall verify, in the context of the aptitude test, whether the undertakings, the capacity of the candidates or tenderers, for the performance of certain products, are be eligible to meet the appropriate criteria, and whether There are grounds for exclusion, provided that it has been established. Where the contracting entity has referred to compelling grounds of exclusion in accordance with Article 123 of the Act against restrictions on competition, it shall require the applicant or tenderer to have an undertaking which does not comply with the relevant eligibility criterion or to the there are compelling reasons for exclusion in accordance with Section 123 of the Act against restrictions on competition. If the adjudicating entity has referred to optional grounds for exclusion in accordance with Section 124 of the Act against restrictions on competition, it may require the applicant or tenderer also to have a company, in the case of the optional exclusion grounds in accordance with § 124 of the Law against restrictions on competition must be replaced. The contracting authority may set a time limit for the applicant or tenderer. (3) If an applicant or tenderer is entitled to the capacity of another undertaking with a view to the required economic and financial capacity, it may be possible for the applicant to be able to (4) Paragraphs 1 to 3 shall also apply to applicants or bidders. (5) The contracting authorities shall require the contracting authority to assume joint liability for the execution of the contract in accordance with the size of the qualifying loan. The contracting authority may require certain critical tasks to be carried out by: Works contracts, service contracts or critical installation or installation works in connection with a supply contract shall be carried out directly by the tenderer himself or in the case of a bidding community by a participant of the bidding community . Unofficial table of contents

§ 48 Qualification Systems

(1) The adjudicating entity may set up and operate a qualification system for companies in order to determine the suitability of the contract. Companies must be able to apply for admission to the qualification system at any time. The qualification system may include different levels of qualification. (2) The adjudicating entity shall establish objective criteria for the exclusion and suitability of undertakings. If these criteria contain technical requirements, § § 28 and 29. (3) For the functioning of the qualification system, such as the inclusion in the system, the updating of the criteria and the duration thereof, the client shall submit objective (4) The criteria and the rules laid down in paragraphs 2 and 3 shall be made available to undertakings on request. Updates are to be communicated to these companies. Where, in the opinion of the contracting authority, the qualification system of certain other contracting entities, bodies or institutions meets its requirements, it shall inform the company of their names and addresses. (5) The criteria shall be included in paragraph 2. The company may also take advantage of the capacity of another company to meet the economic and financial capacity or the professional and professional competence of the undertaking, irrespective of the Legal relationship in which it stands. (6) With regard to the criteria for training qualifications and certificates relating to the professional competence of the undertaking, including the relevant professional experience, undertakings may only take advantage of the capacity of other undertakings, if they also provide the performance for which the (7) If a company intends to use the capacity of another company, it shall, for example, indicate to the contracting entity, by means of a corresponding undertaking by the other undertaking, that: throughout the period of validity of the qualification system (8) The adjudicating entity shall keep a list of audited entities. This may be broken down according to the type of order for which the examination is valid. (9) If a notice of existence of a qualification system is published in accordance with § 37, contracts shall be awarded by a non-open procedure or by a non-open procedure. (10) The contracting authority may, in the context of applications for qualification, updating or maintenance, be subject to a procedure for the award of a contract for the purpose of: an already existing qualification for the system charges. The fee must be proportionate to the costs incurred. (11) The adjudicating entity shall notify its decision in respect of the qualification to the undertaking within six months of receipt of the application for inclusion in the Qualification system with. If a decision cannot be taken within four months, the contracting entity shall inform the undertaking within two months of the date of receipt of the application and the estimated date of decision. (12) Rejection shall be inform the company within 15 days of the decision, indicating the reasons for the decision. In so doing, a refusal shall refer only to the objective criteria laid down in accordance with paragraph 2. The same applies to the termination of a qualification. The intended termination shall be communicated to the company 15 days before the proposed exclusion, stating the reasons. Unofficial table of contents

Section 49 The compliance with standards of quality assurance and environmental management

(1) In order to provide evidence that candidates or tenderers comply with certain quality assurance standards, the contracting entity shall require the submission of certificates of independent bodies, and shall refer to quality assurance systems which shall:
1.
comply with the relevant European standards; and
2.
are certified by accredited bodies.
The adjudicating entity shall also recognise equivalent certificates issued by accredited bodies from other States. Where a candidate or tenderer has not been able to obtain the certificates in question within a reasonable time for reasons which he is not responsible for, the contracting authority shall also have to submit other documents relating to equivalent quality assurance systems , if the candidate or tenderer proves that the quality assurance measures proposed are in accordance with the quality standards required. (2) The contracting authority shall, as proof, require that candidates or tenderers have certain systems or standards of environmental management, the submission of certificates of independent bodies, it shall refer to:
1.
either the Community Eco-Management and Audit Scheme (EMAS) of the European Union, or
2.
on the other hand, in accordance with Article 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community eco-management and audit scheme, and on the repeal of Regulation (EC) No 761/2001, and Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 136, 31.3.2001, p. 1), recognised environmental management systems, or
3.
to other standards for environmental management based on the relevant European or international standards and certified by accredited bodies.
The adjudicating entity shall also recognise equivalent certificates issued by bodies in other States. If, for reasons which cannot be attributed to him, an applicant or tenderer has been shown to have had no access to the certificates concerned or, for reasons not to be represented, no possibility of such access within the relevant documents concerned. The contracting authority must also recognise other documents relating to equivalent environmental management measures, provided that the candidate or tenderer proves that those measures are in accordance with the rules in force or in the current system or in accordance with the applicable law. Standards for environmental management are equivalent. Unofficial table of contents

Section 50 Legal form of companies and bidders

Applicants or tenderers who, in accordance with the legislation of the State in which they are established, are entitled to provide the service in question shall not be rejected solely on the grounds that they are in accordance with the provisions of the German law. Legislation must be a natural or legal person. However, in the case of service contracts and in the case of supply contracts which additionally include services, legal persons may, in their application for participation or in their offer, be obliged to provide the names and professional qualifications of the Specify persons who are responsible for the performance of the performance. (2) Applicants and bidding communities must be treated as individual candidates and bidders. The contracting authority shall not require that groups of undertakings have to have a specific legal form in order to submit an application for participation or to submit an offer. Where necessary, the contracting authority may, in the tender documents, determine the conditions for groups of undertakings to satisfy the eligibility criteria and to carry out the contract; such conditions must be justified by objective reasons, and (3) Without prejudice to paragraph 2, the contracting entity may require a bidding community to adopt a specific legal form in accordance with the award of the award, insofar as this is necessary for the proper performance of the contract.

Footnote

(+ + + § 50: For application, see Section 60 (2) + + +)

Subsection 6
Examination and evaluation of tenders

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Section 51 Examination and evaluation of tenders; demand for documents

(1) The tenders shall be examined and evaluated before the contract is awarded. (2) The adjudicating entity may require the applicant or tenderer to comply with the principles of transparency and equal treatment, missing, incomplete or unequal treatment. incorrect company-related documents, in particular declarations of self, information, certificates or other evidence, to complete, complete or correct them, or missing or incomplete performance-related documents or to complete it. The adjudicating entity shall be entitled to determine in the contract notice or the tender documents that it will not demand any documents. (3) The demand for performance-related documents, which shall be the economic evaluation of the tenders on the basis of the award criteria shall be excluded. This does not apply to prices, if they are non-essential individual items, the individual prices of which do not change the total price or affect the order of value and the competition. (4) The documents are from the candidate or tenderer in accordance with the invitation by the contracting authority, within a reasonable period to be determined by the contracting entity, determined by the calendar. (5) The decision and the result of the recovery shall be documented. Unofficial table of contents

Section 52 supplement and award criteria

(1) The contract shall be awarded to the most cost-effective offer in accordance with § 127 of the Act against restrictions on competition. (2) The most cost-effective offer shall be determined on the basis of the best price-performance ratio. In addition to the price or costs, qualitative, environmental or social award criteria may also be taken into account, in particular:
1.
the quality, including the technical value, aesthetics, usefulness, accessibility of the performance in particular for people with disabilities, their conformity with requirements of "design for all", social, environmental and innovative properties, distribution and trading conditions,
2.
the organisation, qualification and experience of the staff entrusted with the performance of the contract, if the quality of the staff employed can have a significant impact on the level of the execution of the contract, or
3.
The availability of customer service and technical assistance as well as delivery conditions such as delivery date, delivery procedures and delivery or execution deadlines.
The contracting authority may also provide fixed prices or fixed costs, so that the most cost-effective offer is determined exclusively according to qualitative, environmental or social award criteria as set out in the first sentence. (3) The contracting authority shall specify in the Contract notice or the tender documents as to how it weighs the individual award criteria in order to determine the most cost-effective offer. This weighting can also be given by means of a span, the bandwidth of which must be appropriate. If the weighting is not possible for objective reasons, the contracting authority shall specify the award criteria in descending order of precedence. (4) For the receipt, whether and to what extent the service offered corresponds to the required award criteria, the § § § § § § § § § § § § § § § § § § § § § § § § § § § § 31 and 32 accordingly. (5) For the proof that the service offered corresponds to the required conditions of execution pursuant to § 128 paragraph 2 of the Act against restrictions on competition, § § 31 and 32 shall apply accordingly. Unofficial table of contents

Section 53 Calculation of life-cycle costs

(1) The contracting authority may specify that the award criterion "cost" shall be calculated on the basis of the life cycle cost of the service. (2) The contracting authority shall specify the method for calculating the life cycle costs and the method of calculation of the life-cycle costs. Companies to provide information in the contract notice or in the tender documents. The calculation method may include:
1.
the cost of acquisition,
2.
the cost of use, in particular the consumption of energy and other resources,
3.
maintenance costs,
4.
costs at the end of the useful life, in particular the collection, disposal or recycling costs, or
5.
costs arising from the external effects of the environmental pollution associated with the performance during its life cycle, provided that its monetary value can be determined and verified in accordance with paragraph 3; such costs may be borne by the emission of Greenhouse gases and other pollutants, as well as other costs of mitigating climate change.
(3) The method for calculating the costs arising from the external effects of environmental pollution must meet the following conditions:
1.
It shall be based on objectively verifiable and non-discriminatory criteria; if the method has not been developed for repeated or permanent use, it must not give preference to certain undertakings or to disadvantage it;
2.
it shall be accessible to all interested parties; and
3.
the information required for the calculation can be obtained from undertakings which comply with their due diligence in the normal way, including third country undertakings, the 1994 Agreement on Government Procurement (OJ L 327, 22.7.1994, p. 1), as amended by the Protocol amending the Agreement on Government Procurement (OJ C 327, 28.11.1996, p. 2), or other international conventions binding on the European Union, provide a reasonable amount of effort.
(4) Where a method for the calculation of life cycle costs has been made compulsory by a legislative act of the European Union, the adjudicating entity shall specify this method. Unofficial table of contents

§ 54 Unusually low tenders

If the price or the cost of an offer is abnormally low in relation to the service to be provided, the contracting entity shall require the bidder to clarify the price. (2) The contracting authority shall examine the composition of the tender and take into account the submitted documents. The examination may relate in particular to:
1.
the cost-effectiveness of the manufacturing process of a delivery service or of the provision of the service,
2.
the technical solutions chosen, or the exceptionally favourable conditions which the undertaking has in the supply of the goods or the provision of the service,
3.
the characteristics of the supply or service offered,
4.
compliance with the obligations under Section 128 (1) of the Act against restrictions on competition, in particular the environmental, social and labour law provisions applicable to the company, or
5.
the possible granting of State aid to the undertaking.
(3) If, after the examination referred to in paragraphs 1 and 2, the contracting entity cannot satisfactorily clarify the low level of the price offered or the costs offered, it may refuse the award to this offer. It shall reject the offer if it has established that the price or the cost of the offer is abnormally low, because the obligations laid down in paragraph 2, second sentence, point 4 are not complied with. (4) If the contracting authority determines that an offer has been made, the offer shall be: is abnormally low because the tenderer has received State aid, the contracting entity shall refuse the offer if the tenderer cannot prove within the time limit that the State aid has been granted lawfully. The contracting authority shall communicate the rejection of the European Commission. Unofficial table of contents

Section 55 Offers which include products from third countries

(1) The contracting authority may reject tenders in respect of which the proportion of goods comes to more than 50% of the total value from countries which are not parties to the Agreement on the European Economic Area and with which: nor any other reciprocal market access arrangements. The Federal Ministry for Economic Affairs and Energy announcates in the Federal Gazette the countries and territories in which such agreements exist. (2) If two or more offers are equivalent in accordance with the award criteria, that is the Preference shall be given to the offer which cannot be rejected in accordance with paragraph 1. Prices shall be deemed to be equivalent if they do not differ by more than 3%. Sentence 1 shall not apply where preference would result in the acquisition of equipment having technical characteristics other than the equipment already used by the adjudicating entity, thereby incompatibility or maintenance of the equipment in operation and maintenance of the equipment; or technical difficulties or disproportionate costs. (3) Software used in equipment for telecommunications networks shall be considered to be a product within the meaning of paragraph 1. Unofficial table of contents

Section 56 Notification of candidates or tenderers

(1) Without prejudice to Article 134 of the Law on Competition Restrictions, the contracting entity shall immediately notify each applicant and each tenderer of his decisions concerning the conclusion of a framework agreement, the award of the award or the admission to the Participation in a dynamic procurement system. The same shall apply to the decision to rescind or re-open an award procedure, including the reasons therefor, provided that a notice has been published. (2) The adjudicating entity shall, at the request of the applicant or the tenderer, inform immediately, no later than 15 days after the date of receipt of the application in text form
1.
any non-successful candidate on the grounds for the rejection of his or her application for participation,
2.
any non-successful tenderer of the reasons for the rejection of his bid,
3.
every bidder about the characteristics and advantages of the successful bid and the name of the successful tenderer and
4.
every tenderer on the course and progress of the negotiations and of the competitive dialogue with the bidders.
(3) § 38 (6) shall apply accordingly. Unofficial table of contents

Section 57 Repeal and cessation of proceedings

An award procedure may be repealed in full or in the case of lottery for individual lots, or may be terminated in the case of a negotiated procedure. In such cases, the contracting authority shall immediately suspend or cease the procedure and the reasons therefor and its intention to carry out a new tendering procedure, in text form, by the undertakings involved in the award procedure. .

Section 3
Specific rules for the procurement of energy-related services and road transport vehicles

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Section 58 Procurement of energy-related services

(1) As part of the technical specifications, the specifications shall require the tenderers to provide information on the energy consumption of technical equipment and equipment. In the case of construction services, such information shall be required if the supply of technical equipment and equipment is a component of such works. In appropriate cases, it is necessary to require an analysis of minimum life cycle costs or a comparable method of ensuring economic viability by the tenderer. (2) In the case of technical equipment and equipment, their energy consumption can be used in the case of technical equipment and equipment. The decision on the contract shall be taken into consideration, but only if the supply of the technical equipment or equipment is an essential part of the construction work. Unofficial table of contents

Section 59 Procurement of road vehicles

(1) In the procurement of road vehicles, the contracting authority must take into account energy consumption and environmental impact. At least the following factors shall be taken into account, in each case in relation to the total mileage of the road vehicle referred to in Table 3 of Appendix 2:
1.
energy consumption,
2.
carbon dioxide emissions,
3.
emissions of nitrogen oxides,
4.
Emissions of non-methane hydrocarbons and
5.
particle-shaped exhaust gas components.
(2) The adjudicating entity shall comply with the obligation by:
1.
energy consumption and environmental impact requirements in the specifications or in the technical specifications, or
2.
consideration of energy consumption and the environmental impact of road vehicles as award criteria.
If the energy consumption and the environmental impact of road vehicles are to be assessed financially, the method defined in Appendix 3 shall apply. In so far as the information in Appendix 2 gives the contracting authority a margin in the assessment of the energy content or the cost of emissions, it shall use this margin according to local conditions at the place of use of the vehicle.

Section 4
Planning Competitions

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Section 60 Scope

(1) Competitions pursuant to Section 103 (6) of the Act against restrictions on competition are carried out, in particular, in the fields of spatial planning, urban development and construction or data processing (planning competitions). (2) In the implementation of the The contracting authority shall apply the provisions of § § 5, 6, 50 and the provisions of this section to a planning competition. Unofficial table of contents

Section 61 Publication, Transparency

(1) The adjudicating entity shall communicate its intention to organise a planning competition in a competition notice. The competition notice shall be drawn up in accordance with the model set out in Annex IX to the Implementing Regulation (EU) 2015/1986. (2) The contracting entity shall, following a planning competition, draw up a service contract in the In the case of a negotiated procedure without competition, the contracting authority must indicate the suitability criteria and the documents required to prove the suitability of the competition in the competition notice. (3) The results of the Planning competitions shall be announced and shall be sent to the Office within 30 days Publications of the European Union. The contract notice shall be drawn up in accordance with the model set out in Annex X to the Implementing Regulation (EU) 2015/1986. (4) Article 38 (6) shall apply accordingly. Unofficial table of contents

Section 62 Guidance

(1) The interested parties who are interested in a planning competition are to be informed about the applicable implementing rules before the start of the competition. (2) The admission of participants in a planning competition must not be restricted
1.
by reference to the territory of a Member State of the European Union or a part thereof, or
2.
to only natural persons, or only legal persons.
(3) In the case of a planning competition with a limited number of participants, the contracting authority shall establish clear and non-discriminatory selection criteria. The number of applicants who are invited to participate must be sufficient to ensure genuine competition. Unofficial table of contents

§ 63 Price Court

(1) The price court may consist only of judges who are independent of the participants in the planning competition. Where a particular professional qualification is required by the participants in the competition, at least one third of the judges shall have the same or equivalent qualifications. (2) The Court of First Prize shall be in its decisions and Opinions independently. It shall take its decisions only on the basis of criteria which are mentioned in the competition notice. The competition works are to be presented to him anonymously. The anonymity is to be true up to the opinions or decisions of the jury. (3) The jury shall draw up a report on the ranking of the competitive activities selected by it by taking into account the individual projects and to raise his remarks and questions still to be resolved. This report is to be signed by the judges. (4) Participants may be asked to clarify certain aspects of the competition, to answer questions which the jury has to uphold in its minutes. The dialogue between the judges and the participants is to be documented.

Section 5
Transitional and final provisions

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Section 64 Transitional provisions

Central purchasing bodies within the meaning of § 120 (4) sentence 1 of the Act against restrictions on competition can be held until 18 April 2017, other contracting entities up to 18. October 2018, by way of derogation from § 43 (1), the submission of tenders, requests for participation and confirmations of interest shall also require the postal route, other appropriate means, fax or the combination of these funds. The same shall apply to any other communication within the meaning of Section 9 (1), insofar as it does not concern the transmission of notices and the provision of the award documents. Unofficial table of contents

Section 65 Friend calculation

The calculation of the time limits provided for in this Regulation shall be determined in accordance with Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 laying down the rules applicable to periods, dates and time limits (OJ L 327, 31.12.1971, p. OJ No L 124, 8.6.1971, p. 1). Unofficial table of contents

Appendix 1 (to section 28 (2))
Technical requirements, definitions

(Fundstelle: BGBl. I 2016, 680)
1.
"Technical specification" in the case of supply or services has one of the following meanings: a specification contained in a document which prescries characteristics for a product or service, such as quality levels, the environment, and climate performance levels, "design for all" (including accessibility of persons with disabilities) and conformity assessment, performance, requirements for suitability for use, safety or dimensions of the product, including the rules on Sales designation, terminology, symbols, tests and test methods, packaging, marking and labelling, instructions for use, production processes and methods at each stage of the life cycle of the supply or service and on conformity assessment procedures;
2.
"Standard" means a technical specification adopted by a recognised standard organisation for repeated or continuous use, the compliance of which is not compulsory and which falls within one of the following categories:
a)
international standard: standard adopted by an international standards organisation and accessible to the public;
b)
the European standard: the standard adopted by a European standardisation organisation and accessible to the public;
c)
national standard: the standard adopted by a national standardisation organisation and accessible to the public;
3.
"European Technical Assessment" means a documented assessment of the performance of a construction product in relation to its essential characteristics in accordance with the European Assessment Document in question as defined in Article 2 Point 12 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the placing on the market of construction products and repealing Council Directive 89 /106/EEC (OJ L 139, 30.4.2011, p. OJ L 88, 4.4.2011, p. 5);
4.
"Common technical specifications" means technical specifications in the field of information and communication technology, which are defined in accordance with Articles 13 and 14 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 June 2012 on the European Parliament and of the Council of the European Communities. European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC as well as Directives 94 /9/EC, 94 /25/EC, 95 /16/EC, 97 /23/EC, 98 /34/EC, 2004 /22/EC, 2007 /23/EC, 2009 /23/EC and 2009 /105/EC of the European Parliament and the Council and repealing Council Decision 87 /95/EEC and Decision No 1673 /2006/EC of the European Parliament and of the Council (OJ L 136, 31.5.2002, p. OJ L 316, 14.11.2012, p.
5.
"technical reference" means any reference framework which is not a European standard and which has been drawn up by the European standards organisations in accordance with the procedures adapted to the needs of the market.
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Appendix 2 (to § 59)
Data for the calculation of the external costs incurred by road vehicles

(Fundstelle: BGBl. I 2016, 6:20 am)
Table 1
Energy content of fuels
3 Fuel energy content in megajoules (MJ) /litre or megajoule (MJ) /standard cubic meter (Nm) )
Diesel fuel 36 MJ/litre
Petrol 32 MJ/litre
Natural gas 33-38 MJ/Nm 3
Liquid Gas (LPG) 24 MJ/litre
Ethanol 21 MJ/litre
Biodiesel 33 MJ/litre
Emulsion fuel 32 MJ/litre
Hydrogen 11 MJ/Nm 3
Table 2
Emission costs in road transport (2007 prices)

Carbon dioxide (CO2) Nitrogen Oxides (NOx) Non-methane Hydrocarbon particulate Exhaust gas components
0,03-0,04 €/kg 0,0044 €/g 0.001 €/g 0.087 €/g
Table 3
Total mileage of road vehicles
Vehicle Class (categories M and N Total mileage in accordance with Directive 2007 /46/EC
Passenger cars (M1) 200 000 km
Light commercial vehicles (N1) 250 000 km
Heavy duty vehicles (N2, N3) 1 000 000 km
Buses (M2, M3) 800 000 km
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Appendix 3 (to § 59 (2))
Method for calculating the operating costs of road vehicles

(Fundstelle: BGBl. I 2016, 682)
1.
For the purposes of § 59, the energy consumption and emission costs (operating costs) caused by the operation of a road vehicle by its operation shall be financially assessed and calculated in accordance with the method described below:
a)
The energy consumption costs incurred for the operation of a road vehicle over its service life shall be calculated as follows:
aa)
The fuel consumption per kilometre of a road vehicle as set out in point 2 shall be calculated in terms of energy consumption per kilometre (megajoule/km, MJ/km). Where fuel consumption is indicated in other units, it is converted into MJ/km according to the conversion factors in Table 1 of Appendix 2.
bb)
A financial value must be fixed per unit of energy within the framework of the offer value (€/MJ). This financial value shall be determined on the basis of a comparison of the cost per unit of energy of petrol or diesel fuel before taxes. The more favourable fuel in each case shall determine the financial value of each energy unit (€/MJ) to be taken into account in the tender classification.
cc)
In order to calculate the energy consumption costs incurred for the operation of a road vehicle over its service life, the total mileage shall be calculated in accordance with point 3 (taking into account, where appropriate, the mileage already performed), the energy consumption per kilometre (MJ/km) according to the double letter aa and the cost in euro per unit of energy (€/MJ) multiplied by the double letter bb.
b)
In order to calculate the emissions of carbon dioxide produced for the operation of a road vehicle over its lifetime, the total mileage in accordance with point 3 shall be calculated (taking into account, where appropriate, the mileage already provided), the carbon dioxide emissions in kilograms per kilometre (kg/km) as defined in point 2 and the emission costs per kilogram (€/kg) of the Annex 2 are multiplied by each other in accordance with Table 2 of Appendix 2.
c)
The cost of emissions of nitrogen oxides, non-methane and non-methane hydrocarbons shall be calculated for the purposes of calculating the cost of pollutant emissions incurred for the operation of a road vehicle over its service life in Table 2 of Appendix 2, and particle-shaped exhaust gas constituents. For the calculation of the lifetime costs of each pollutant, the total mileage according to point 3 (taking into account, where appropriate, the mileage already provided) shall be the emissions in grams per kilometre. Kilometre (g/km) in accordance with point 2 and the respective costs per gram (€/g) multiplied by each other.
d)
Contracting entities may use higher values in the calculation of the emission costs referred to in points (b) and (c) than those specified in Table 2 of Appendix 2, provided that the values in Table 2 of Appendix 2 are not more than double the value of Annex 2. shall be exceeded.
2.
The values for fuel consumption per kilometre, as well as for carbon dioxide emissions and pollutant emissions per kilometre, are based on the standardised Community test procedures laid down in Community legislation on type-approval. In the case of road vehicles for which there are no standardised Community testing procedures, in order to ensure the comparability of different offers, generally accepted test procedures, the results of tests carried out for the contracting entity shall be: or the information provided by the manufacturer.
3.
The total mileage of a vehicle is shown in Table 3 of Appendix 2.

Footnote

(+ + + Appendix 3: For application see Section 59 (2) + + +)