Regulation on the award of public contracts (award regulation-VgV)
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VgV
Date of completion: 09.01.2001
Full quote:
" Procurement Regulation in the version of the Notice of 11 February 2003 (BGBl. 169), as last amended by Article 1 of the Regulation of 15 June 2008. October 2013 (BGBl. 3854).
| Status: |
New by Bek. v. 11.2.2003 I 169; |
| |
Last amended by Art. 1 V v. 15.10.2013 I 3854 |
For more details, please refer to the menu under
Notes
The Regulation is designed to implement Directive 97 /52/EC of the European Parliament and of the Council of 13 June 2000 on the implementation of the European Parliament and Amending Council Directives 92 /50/EEC, 93 /36/EEC and 93 /37/EEC on the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts (OJ 1997 L 199, p. EC No 1) and Directive 98 /4/EC of the European Parliament and of the Council amending Directive 93 /38/EEC on the coordination of procurement procedures by entities operating in the water, energy, transport and transport sectors, and in the Telecommunications sector (OJ L 327, EC No 1) in German law.
Footnote
(+ + + Text evidence from: 1.2.2001 + + +)
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EC Directive 52/97 (CELEX Nr: 397L0052)
ERL 4/98 (CELEX Nr: 398L0004)
Implementation of the
ERL 17/2004 (CELEX Nr: 32004L0017)
ERL 18/2004 (CELEX Nr: 32004L0018) cf. V v. 23.10.2006 I 2334
ERL 33/2009 (CELEX Nr: 32009L0033) see V v. 9.5.2011 I 800
ERL 32/2006 (CELEX Nr: 32006L0032) cf. V v. 16.8.2011 I 1724
EURL 30/2010 (CELEX Nr: 32010L0030) see V v. 16.8.2011 I 1724 + + +)
Section 1
Procurement rules
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§ 1 Purpose of the Regulation
This Regulation shall lay down more detailed provisions concerning the procedure to be followed in the award of public contracts falling within the scope of Article 2 of this Regulation.
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§ 2 Scope
This Regulation shall apply only to contracts the estimated value of which, without VAT, reaches or exceeds the thresholds referred to in Article 7 of Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 327, 22.7. 114, L 351 of 26 November 2004, p. 44), as amended, (EU thresholds). The threshold resulting from this for central government authorities is to be applied by all the top federal authorities as well as all upper federal authorities and comparable federal institutions. The Federal Ministry of Economics and Technology shall announce the applicable thresholds immediately after they have been published in the Official Journal of the European Union. (2) In the case of contracting authorities pursuant to Section 98 (1) to (4) of the Law against restrictions on competition applies to contracts awarded in connection with activities in the field of drinking water or energy supply or transport (sector activities), the sector regulation of 23 September 2009. (BGBl. 3110). (3) This Regulation does not apply to defence or security-related contracts within the meaning of Section 99 (7) of the Law on Competition Restrictions.
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§ 3 Estimation of the order value
(1) The estimate of the value of the contract shall be based on the estimated total remuneration for the intended performance, including any premiums or payments made to candidates or tenderers. (2) The value of an intended contract may not be estimated or distributed with the intention of withdrawing the application of the application of this Regulation. (3) regularly recurring orders or permanent orders relating to supply or services, the order value shall be estimated
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1.
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either on the basis of the actual total value of the corresponding successive contracts from the previous financial year, taking into account, where possible, the anticipated changes in the quantities or costs incurred during the are to be expected for 12 months following the original order, or
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2.
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on the basis of the estimated total value of successive contracts during the twelve months following the first delivery, or during the financial year following the first delivery, if the period is longer than 12 months, shall be awarded.
(4) 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:
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1.
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in the case of temporary contracts with a duration of up to 48 months, the total value for the duration of these contracts;
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2.
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in the case of contracts with an indefinite duration, or with a duration of more than 48 months, 48 times the monthly value.
(5) In the case of construction services, in addition to the order value of the works contracts, account must be taken of the estimated value of all delivery services which are required for the execution of the works and are made available by the client. (6) The value a framework agreement or a dynamic electronic procedure shall be calculated on the basis of the estimated total value of all individual contracts planned for the duration of the contract. (7) If the procurement envisaged consists of several Loose, for which a separate contract is awarded, is the value of all Loosely based. In the case of supply contracts, this shall apply only to lots relating to similar deliveries. To the extent that a professional performance to be forgiven according to § 5 is divided into several partial applications of the same professional benefit, the values of the partial applications must be added to the calculation of the estimated order value. If the total value reaches or exceeds the relevant EU threshold, this Regulation shall apply to the award of each lot. Sentence 4 shall not apply if it is a lot whose estimated value in the case of supply or service contracts is less than EUR 80 000 and in the case of construction services less than EUR 1 million, if the sum of the values of these lots is 20% of the total value of all (8) In the case of an award procedure which is intended 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 award procedures, the value of the sum of all the prizes and other payments to participants and the value of the service contract which could be awarded to the contracting entity in the contract notice shall be equal to the value of the contract. (9) The date for the estimate of the contract value shall be the date on which the contract notice is sent out or the award procedure is initiated in other ways. (10) (dropped)
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§ 4 Award of supply and service contracts
(1) In the case of supply contracts, contracting entities must, in accordance with section 98 (1) to (3) of the Act against restrictions on competition, the provisions of the second section of the award and contract regulations for benefits (VOL/A) as amended by the Announcement of 20 November 2009 (BAnz. No 196a of 29 December 2009; BAnz. 2010 p. 755). (2) In the case of the award of service contracts and in the case of award procedures which are intended to lead to service contracts, contracting entities must comply with the law in accordance with Article 98 (1) to (3) and (5) of the Law. Apply the following provisions of VOL/A in so far as nothing else is specified in § 5:
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1.
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in the case of contracts relating to the services referred to in Annex 1, Part A, the provisions of the second part of the VOL/A;
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2.
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in the case of contracts relating to the services provided for in Annex 1, Part B, the provisions of Section 8 EC VOL/A, Article 15 EC (10) VOL/A and Article 23 EC VOL/A, as well as the provisions of the first section of the VOL/A with the exception of § 7 VOL/A;
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3.
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in the case of contracts relating both to the services referred to in Part A of Annex 1 and to the services referred to in Annex 1, Part B, the provisions referred to in paragraph 1 where the value of the services referred to in Annex 1, Part A, outweighs the value of the services referred to in point 1 the provisions referred to in paragraph 2 shall be applied.
Where, in the case of point 2 of the first sentence, there are actual indications that the organisation, qualification and experience of the staff employed in the performance of the contract in question has a significant impact on the quality of the These criteria can be taken into account when determining the most cost-effective offer. In the evaluation of these criteria, the success and quality of services already provided can be taken into account. The weighting of the organisation, the qualification and the experience of the staff responsible for carrying out the contract in question shall not exceed 25% of the weighting of all the award criteria. (3) In the case of contracts, the In the case of rail passenger transport services, the following provisions shall apply:
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1.
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In the case of contracts relating to individual lines with a maturity of up to three years, a free-handed allocation without any other conditions is also permitted.
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2.
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In the case of longer-term contracts, a free-handed award without any other conditions within the scope of section 15 (2) of the General Railway Act is permissible if a substantial part of the services provided by the contract during the The contract expires and is subsequently awarded in the competition. The duration of the contract shall not exceed twelve years. The scope and arrangements for the expiry of the contract shall be made public in a suitable manner after the conclusion of the contract.
(4) Where energy-related products, technical equipment or equipment are the subject of a delivery performance as referred to in paragraph 1 or are essential conditions for the execution of a service referred to in paragraph 2, the requirements of paragraphs 5 to In terms of energy efficiency, the following requirements should be met in the description of the performance description:
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1.
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the highest performance level in energy efficiency and
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2.
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if available, the highest energy efficiency class within the meaning of the energy consumption labelling regulation.
(6) The following information shall be required from the tenderers in the specifications or at other appropriate locations in the tender documents:
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1.
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concrete information on energy consumption, unless the goods, technical equipment or equipment on the market differ only slightly in the permissible energy consumption; and
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2.
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in appropriate cases,
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a)
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An analysis of minimized life cycle costs, or
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b)
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the results of a method comparable to that of point (a) for checking economic viability.
(6a) The contracting entities may, in accordance with paragraph 6, review the information provided for and request additional explanations from the tenderers. (6b) In the context of the identification of the most cost-effective offer pursuant to Article 97 (5) of the Act, Restrictions on competition shall be taken into account in the light of the information referred to in paragraph 6 or the results of a review referred to in paragraph 6a, as a criterion for the award of the contract. (7) Public contracting authorities in accordance with § 98 Point 1 to 3 of the Act against restrictions on competition must be made in the case of procurement of Road vehicles shall take appropriate account of energy consumption and environmental impact as a criterion At least the following factors shall be taken into account, in each case in relation to the life of the road vehicle referred to in Table 3 of Appendix 2:
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1.
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energy consumption,
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2.
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carbon dioxide emissions,
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3.
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emissions of nitrogen oxides,
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4.
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Emissions of non-methane hydrocarbons and
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5.
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particle-shaped exhaust gas components.
(8) In order to take account of energy consumption and the environmental impact referred to in paragraph 7:
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1.
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§ 8 EC VOL/A with the proviso that the adjudicating entity, in the specifications or in the technical specifications, makes reference to energy consumption and environmental impact; and
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2.
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§ 19 EC VOL/A with the proviso that the adjudicating entity shall take into account the energy consumption and the environmental impact of road vehicles as an appropriate criterion in the decision on the award.
(9) If the energy consumption and the environmental impact of road vehicles are to be assessed financially in the context of the decision on the surcharge, the method defined in Appendix 3 shall apply. In so far as the information given in Appendix 2 gives the contracting authority a margin in the assessment of the energy content or the cost of emissions, the contracting entity shall use this margin according to local conditions at the place of use of the vehicle. (10) the application of paragraph 7 shall be exempted from road vehicles designed and constructed for use in the framework of the mission of the armed forces, the civil protection, the fire brigades and the police forces of the Federal Government and of the Länder. (emergency vehicles). In the case of the procurement of emergency vehicles, the requirements laid down in paragraph 7 shall be taken into account in so far as the state of the art permits, thereby ensuring the operational capability of the vehicles used for the performance of the sovereign order referred to in the first sentence of this Article shall not be affected.
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§ 5 Award of freelance services
(1) In the award of contracts for services provided in the framework of a freelance activity or offered in competition with professional activities, as well as in the procedures for the award of contracts relating to such service contracts, In accordance with Section 98 (1) to (3) and (5) of the Law on Competition Restrictions, the contracting entities must, in the version of the contract notice dated 18 November 2009 (BAnz, apply) the following provisions of the German Procurement Rules (VOF). (OJ No 185a of 8 December 2009) apply:
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1.
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in the case of contracts relating to the services referred to in Annex 1, Part A, all provisions of the VOF;
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2.
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in the case of contracts relating to the services provided for in Annex 1, Part B, the provisions of Section 6 (2) to (7) of the VOF and Article 14 of the VOF;
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3.
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in the case of contracts relating both to the services referred to in Part A of Annex 1 and to the services referred to in Annex 1, Part B, the provisions referred to in paragraph 1 where the value of the services referred to in Annex 1, Part A, outweighs the value of the services referred to in point 1 the provisions referred to in paragraph 2 shall be applied.
Where, in the case of point 2 of the first sentence, there are actual indications that the organisation, qualification and experience of the staff employed in the performance of the contract in question has a significant impact on the quality of the These criteria can be taken into account when determining the most cost-effective offer. In the evaluation of these criteria, the success and quality of services already provided can be taken into account. The weighting of the organisation, the qualification and the experience of the staff responsible for carrying out the contract in question shall not exceed 25% of the weighting of all the award criteria. (2) Paragraph 1 shall not apply to: services, the object of which is a task whose solution can be described in a clear and exhaustive manner in advance.
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§ 6 Award of works
(1) In accordance with § 98 Nos. 1 to 3, 5 and 6 of the Act against restrictions on competition, the provisions of Part A of Part A of the Rules of Awarding and Contract for Construction Services have been laid down in the awarding of works contracts and construction concessions. (VOB/A) in the version of the notice of 24. October 2011 (BAnz. No 182a of 2 December 2011; BAnz AT 07.05.2012 B1); for the contracting entities referred to in Section 98 (6) of the Law on Competition Restrictions, this applies only to the provisions relating to these contracting entities. (2) If the The supply of energy-related goods, technical equipment or equipment is an essential component of a building performance, the requirements of paragraphs 3 to 6 must be respected. (3) The purpose of the description shall be to: Energy efficiency, in particular, will be:
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1.
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the highest performance level in energy efficiency and
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2.
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if available, the highest energy efficiency class within the meaning of the energy consumption labelling regulation.
(4) The following information shall be required from the tenderers in the description of the performance or at any other appropriate place in the tender documents:
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1.
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concrete information on energy consumption, unless the goods, technical equipment or equipment on the market differ only slightly in the permissible energy consumption; and
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2.
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in appropriate cases,
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a)
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An analysis of minimized life cycle costs, or
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b)
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the results of a method comparable to that of point (a) for checking economic viability.
(5) The contracting entities may review information submitted in accordance with paragraph 4 and request additional explanations from the tenderers. (6) In the context of the identification of the most cost-effective offer pursuant to Article 97 (5) of the Act, Restrictions on competition shall be taken into account in an appropriate way as a criterion for the award on the basis of the information referred to in paragraph 4 or in the results of a review referred to in paragraph 5.
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§ 6a (omitted)
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§ 7 (omitted)
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§ § 8 to 11 (omitted)
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§ 12 (omitted)
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§ 13 (omitted)
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Section 14 Notices
(1) The contracting entities shall indicate in the contract notice and the tender documents the address of the contracting chamber which is responsible for the verification. (2) In the case of notices published in the Official Journal of the European Union pursuant to these provisions, the contracting entities shall have the following information: The Common Procurement Vocabulary (CPV) should be used to describe the subject of the contract. (3) The Federal Ministry of Economics and Technology (Federal Ministry for Economic Affairs and Technology) has published a Reference to the legislation on the revision of the CPV.
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§ 15 (omitted)
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§ 16 excluded persons
(1) As an organ member or employee of an adjudicating entity or as an agent or as an employee of an agent of an adjudicating entity, in the case of decisions in a contract award procedure, a client may be deemed to be a biased natural person. Persons who do not participate in this procedure
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1.
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tenderers or applicants,
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2.
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advise or otherwise support a tenderer or candidate, or represent it as a legal representative or only in the award procedure,
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3.
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a)
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in the case of a tenderer or an applicant for remuneration, or acting as a member of the board of directors, supervisory board or similar body, or
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b)
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in the case of a company engaged in the award procedure, where the undertaking has business relations with the contracting authority and the tenderer or candidate,
unless there is no conflict of interest for the persons or the activities do not have an impact on the decisions in the award procedure.
(2) Persons whose members meet the conditions laid down in paragraph 1 (1) to (3) shall also be deemed to be biased. 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.
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Section 17 Reporting and reporting obligations
(1) The contracting entities shall forward to the competent authority an annual statistical statement of the contracts awarded in the previous year, separately according to public supply, service and works contracts (§ § 4 to 6). (2) For each client the statistical list shall contain at least the number and the value of the contracts awarded. The data shall, as far as possible, be broken down as follows:
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a)
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in accordance with the respective award procedures,
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b)
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for goods, services and works according to the CPV nomenclature categories,
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c)
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according to the nationality of the tenderer to which the contract was awarded.
(3) Where contracts are awarded in the negotiated procedure, the data shall also be broken down in accordance with the case groups referred to in § 3 EC (3) and (4) VOL/A, § 3 (1) and (4) VOF and Article 3a (5) and (6) of the VOB/A and shall include the number and the value of the contracts awarded on the basis of nationality of the successful tenderers to a Member State of the EU or a third country. (4) The data also contain the number and the total value of the contracts awarded on the basis of the exceptions to the contract. (5) The statistical orders for top and upper Federal authorities and comparable federal institutions also include the estimated total value of the contracts below the EU thresholds, as well as the number and total value of the contracts awarded under the Procurement Agreement have been awarded. They do not contain information on Category 8 services listed in Annex I, Part A, and on Category 5 telecommunications services, their CPC reference numbers 7524 (CPV reference number 64228000-0), 7525 (CPV reference number 64221000-1) and 7526. (CPV reference number 64227000-3) as well as the services listed in Annex I, Part B, provided that the estimated value without VAT is less than EUR 200 000.
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§ § 18 to 22 (omitted)
Section 2
Transitional and final provisions
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Section 23 Transitional provisions
Award procedures which have already been initiated shall be terminated in accordance with the law applicable at the time of the commencement of the procedure. Procurement procedures which have been started up to three months after the entry into force of this Regulation and in which an electronic tender is authorised may be carried out in accordance with the rules of procedure which were applied before the entry into force of this Regulation. if this is laid down in the notice.
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Section 24 (Entry into force, expiry of the external force)
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Appendix 1
(Fundstelle: BGBl. I 2011, 802-803)
Part A
1)
2)
CategoryCCPC Reference Numbers CPV Reference Numbers
| 1 |
Maintenance and repair |
6112, 6122, 633, 886 |
From 50100000-6 to 50982000-5
(except 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 |
| 2 |
Land transport 3) , including transport of money and courier services, without postal transport |
712 (except 71235), 7512, 87304 |
From 60100000-9 to 60183000-4
(except 60121000 to 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2 |
| 3 |
Freight and passenger transport in air transport, without postal traffic |
73 (except 7321) |
From 60410000-5 to 60424120-3
(except 60411000-2, 60421000-5) and 60500000-3, from 60440000-4 to 60445000-9 |
| 4 |
Postal transport in land transport 4) as well as air mail |
71235, 7321 |
60160000-7, 60161000-4, 60411000-2, 60421000-5 |
| 5 |
Telecommunications |
752 |
From 64200000-8 to 64228200-2, 72318000-7 and from 72700000-7 to 72720000-3 |
| 6 |
Financial services:
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a)
-
insurance services,
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b)
-
Banking services and
Securities transactions 5)
|
ex 81, 812, 814 |
From 66100000-1 to 66720000-3 |
| 7 |
Data processing and related activities |
84 |
From 50310000-1 to 50324200-4,
from 72000000-5 to 72920000-5
(except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4 |
| 8 |
Research and development 6) |
85 |
From 73000000-2 to 73436000-7
(except 73200000-4, 73210000-7, 73220000-0) |
| 9 |
Accounting, accounting and auditing |
862 |
From 79210000-9 to 792230000-3 |
| 10 |
Market and opinion research |
864 |
From 79300000-7 to 79330000-6 and 79342310-9, 79342311-6 |
| 11 |
Business consulting 7) and related activities |
865, 866 |
From 73200000-4 to 732200000-0,
from 79400000-8 to 794212000-3
and 793420000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8 |
| 12 |
Architecture, technical consulting and planning, integrated technical services, city and landscape planning, related scientific and technical consulting, technical tests and analyses |
867 |
From 71000000-8 to 71900000-7
(except 71550000-8) and 79994000-8 |
| 13 |
Advertising |
871 |
From 79341000-6 to 793422200-5
(except 79342000-3 and 79342100-4) |
| 14 |
Building agreement and house administration |
874, 82201 to 82206 |
From 70300000-4 to 70340000-6 and from 90900000-6 to 90924000-0 |
| 15 |
Laying and printing
against remuneration or on a contractual basis |
88442 |
From 79800000-2 to 79824000-6, from 79970000-6 to 79980000-7 |
| 16 |
Waste and sewage disposal, sanitation and similar services |
94 |
From 90400000-1 to 90743200-9
(except 9071220-3), of 90910000-9
up to 90920000-2 and 50190000-3, 50229000-6, 50243000-0 |
Part B
CategoryCCPC Reference Number CPV Reference Numbers
| 17 |
Restaurants and accommodation |
64 |
From 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6 |
| 18 |
Railways |
711 |
60200000-0 to 60220000-6 |
| 19 |
Shipping |
72 |
From 60600000-4 to 60553000-0 and from 63727000-1 to 63727200-3 |
| 20 |
In addition to and ancillary activities of transport |
74 |
From 63000000-9 to 63734000-3
(except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3) and 98361000-1 |
| 21 |
Legal advice |
861 |
From 79100000-5 to 79140000-7 |
| 22 |
Job placement and job placement 8) |
872 |
From 79600000-0 to 79635000-4
(except 79611000-0, 79632000-3, 79633000-0) and from 98500000-8 to 98514000-9 |
| 23 |
Information and protection services, without money transport |
873 (except 87304) |
From 79700000-1 to 797230000-8 |
| 24 |
Education and vocational training |
92 |
From 80100000-5 to 806600000-8
(except 80533000-9, 80533100-0, 80533200-1) |
| 25 |
Health, Veterinary and Social Welding |
93 |
79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) |
| 26 |
Recreation, culture and sport 9) |
96 |
From 79995000-5 to 79995200-7 and from 92000000-1 to 92700000-8
(except 92230000-2, 922231000-9, 92232000-6) |
| 27 |
Other services |
|
|
-
-
Part A corresponds to Annex VI, Part B, Annex VII, to Commission Regulation (EC) No 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the common vocabulary for public Contracts (CPV) and the procurement Directives of the European Parliament and of the Council 2004 /17/EC and 2004 /18/EC with a view to the revision of the vocabulary (OJ L 327, 30.4.2004, p. OJ L 74, 15.3.2008, p. 1).
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-
In the case of different interpretations between CPV and CPC, the CPC nomenclature shall apply.
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-
CPC nomenclature (provisional version) used to determine the scope of Directive 92 /50/EEC.
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-
Excluding rail transport in category 18.
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-
Excluding rail transport in category 18.
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-
Without financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and with central bank services. In addition, the purchase or hire services shall be excluded, whatever the financial arrangements, of land, existing buildings or other immovable property or rights in question; financial services, which shall: in the case of the contract for the acquisition or rental with the same, preceding or following him in whatever form, the contract shall, however, fall below that.
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-
Without contracts for research and development services of a different nature than those whose results are solely the property of the contracting entity for its use in the performance of its own activities, provided that the service is is completely remunerated by the client.
-
-
Without arbitration and conciliation services.
-
-
With the exception of employment contracts.
-
-
With the exception of contracts for the acquisition, development, production or co-production of programmes by broadcasting companies and contracts for broadcasting time.
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Annex 2 Data on the calculation of the external costs of road transport vehicles (corresponds to the Annex to Directive 2009 /33/EC)
(Fundstelle: BGBl. I 2011, 804; individual changes, see Footnote)
Table 1Energy content of fuels
3
Fuel energy content in Megajoule (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 2Emission costs in road transport
(Prices from 2007)
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 3Total mileage of road vehicles
Vehicle Class (categories M and N in accordance with Directive 2007 /46/EC) Total mileage
| 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 Method for calculating the operating costs of road vehicles
(Fundstelle: BGBl. I 2011, 805; individual changes, see Footnote)
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1.
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For the purposes of Article 4 (9), first sentence, the energy consumption and emission costs (operating costs) caused by the operation of a road vehicle by the operation thereof shall be financially assessed in accordance with the method described below; and calculated:
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a)
-
The energy consumption costs incurred for the operation of a road vehicle over its service life shall be calculated as follows:
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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.
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bb)
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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.
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cc)
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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.
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b)
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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.
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c)
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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.
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d)
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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.
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2.
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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.
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3.
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The total mileage of a vehicle is shown in Table 3 of Appendix 2.
