Procurement Regulation in the fields of defence and security for the implementation of Directive 2009 /81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain construction, supply and

Original Language Title: Vergabeverordnung für die Bereiche Verteidigung und Sicherheit zur Umsetzung der Richtlinie 2009/81/EG des Europäischen Parlaments und des Rates vom 13. Juli 2009 über die Koordinierung der Verfahren zur Vergabe bestimmter Bau-, Liefer- und Dienstl...

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Procurement Regulation in the fields of defence and security for the implementation of Directive 2009 /81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works, supplies and services. Service contracts in the fields of defence and security and amending Directives 2004 /17/EC and 2004 /18/EC (Procurement Regulation of Defence and Security-VSVgV)

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VSVgV

Date of completion: 12.07.2012

Full quote:

" The Defense and Security Award Ordinance of 12 July 2012 (BGBl. I p. 1509), most recently by Article 12 of the Law of 11 August 2014 (BGBl. I p. 1348).

Status:

Last amended by Art. 12 G v. 11.8.2014 I 1348

For more details, please refer to the menu under Notes

1): 1. OJ L 216, 20.8.2009, p. 76.

Footnote

(+ + + Text evidence from: 19.7.2012 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 81/2009 (CELEX Nr: 32009L0081) + + +)

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Input formula

Pursuant to Section 97 (6), Section 127 (1), (3) and (8) of the Law on Competition Restrictions, of which Article 127 (1) is replaced by Article 1 (23) (a) of the Law of 20 April 2009 (BGBl. 790), paragraph 3 by Article 1 (10) of the Law of 7 December 2011 (BGBl). 2570) and § 127 (8) last amended by Article 1 (23) (e) of the Law of 20 April 2009 (BGBl). I p. 790), the Federal Government is responsible for:

Part 1
General provisions

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§ 1 Scope

(1) This Regulation shall apply to the award of contracts of defence and security within the meaning of Section 99 (7) of the Act against restrictions on competition by contracting authorities within the meaning of Section 98 of the Law against Restrictions on competition, in so far as these contracts are not excluded from the scope of the Fourth Part of the Act against restrictions on competition in accordance with Article 100 (3) to (6) or Section 100c of the Law on Competition Restrictions. (2) Contracts whose estimated value of contract without VAT reaches the thresholds, or , as referred to in Article 8 of Directive 2009 /81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works, supply and service contracts in the fields of defence and Security and amending Directives 2004 /17/EC and 2004 /18/EC (OJ L 134, 30.4.2004, p. 76), as amended, (EU thresholds). The Federal Ministry of Economics and Technology announcates the applicable thresholds immediately after publication in the Official Journal of the European Union in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

§ 2 Applicable requirements for supply, service and works contracts

(1) The provisions of this Regulation shall apply to the award of security and defence-related supply and service contracts. (2) For the award of works contracts relevant to security and defence, § § 1 to 4, 6 up to 9 and 38 to 42 and 44 to 46. In addition, Section 3 of the contract award and contract regulations for construction services (VOB/A) is in the version of the notice of 24. October 2011 (BAnz. No 182a of 2 December 2011; BAnz AT 07.05.2012 B1). Unofficial table of contents

§ 3 Estimation of the order value

(1) In the estimation of the value of the contract, the estimated total remuneration shall be deemed to be non-sales tax for the intended performance, including any premiums or payments 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

1.: either on the basis of the actual total value of the corresponding successive contracts from the previous financial year, taking into account, if possible, changes in quantities or costs likely to occur during the twelve months to be expected to follow the original order, or
2.: on the basis of the estimated total value of successive orders during the twelve months following the first delivery, or during the financial year following the first delivery, if this 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:

1.: in the case of temporary contracts with a duration of up to 48 months, the total value for the duration of these contracts;
2.: 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 necessary for the execution of the works and are made available by contracting authorities. (6) The value a framework agreement shall be calculated on the basis of the estimated total value of all individual contracts planned for the duration of the contract. (7) The proposed procurement shall consist of several lots, each of which shall be subject to a separate contract; , the estimate of the value of all lots shall be used in the estimation. In the case of supply contracts, this shall apply only to lots relating to similar deliveries. To the extent that a professional benefit is to be obtained within the meaning of Article 5 of the procurement regulation and is divided into several partial applications of the same professional benefit, the values of the partial applications must be calculated for the calculation of the estimated Order value added. If the total value reaches or exceeds the relevant EU threshold, this Regulation shall apply to the award of each lot. This shall not apply up to a sum of the values of these lots of 20 percent of the total value without VAT for

1.: Supply or service contracts with a value of less than EUR 80 000; and
2.: Works contracts with a value of less than EUR 1 000 000.

(8) The date for the estimate of the value of the contract shall be the date on which the contract notice is sent out or the award procedure is initiated in a different way. Unofficial table of contents

§ 4 Definitions

(1) Crisis is any situation in a Member State of the European Union or a third country in which a loss event has occurred which clearly exceeds the extent of damage events of daily life; and

1.: seriously endangers or restricts the lives and health of a large number of people,
2.: has a significant impact on property, or
3.: require vital supply measures for the population.

A crisis is also present if there are concrete circumstances in which such a damage event is imminent. Armed conflicts and wars are crises within the meaning of this Regulation. (2) Framework Agreement is an agreement between one or more contracting entities and one or more undertakings, which shall determine the conditions for individual orders placed in the are to be awarded over a period of time. This shall include, in particular, information on the price and, where appropriate, information on the estimated amount of withdrawal. (3) Submission shall be a contract concluded between a successful tenderer and one or more undertakings concerning the contract for the award of the contract. Execution of the contract in question or of parts of the contract. (4) Associated company is a company,

1.: on which the contractor can exercise directly or indirectly a dominant influence and which, in turn, can exert a dominant influence on the successful tenderer; or
2.: which, like the successful tenderer, is subject to the dominant influence of a third company, whether through ownership, financial participation or other provisions governing the activities of the company.

A dominant influence shall be presumed if an enterprise possesses, directly or indirectly, the majority of the subscribed capital of another undertaking, by a majority of the voting rights attaching to the shares of another undertaking. (5) Research and development are all activities, basic research, applied research and development, and experimental development, the latter being the production of technological demonstration systems. Technological demonstration systems are devices for demonstrating the performance of a new concept or a new technology in a relevant or representative environment. Unofficial table of contents

Section 5 Service contracts

(1) Contracts for the provision of services referred to in Annex I to Directive 2009 /81/EC shall be subject to the provisions of this Regulation. (2) Contracts for the provision of services listed in Annex II to Directive 2009 /81/EC shall be subject exclusively to Sections 15 and 35 of this Directive. (3) Contracts covering both services listed in Annex I and Annex II to Directive 2009 /81/EC shall be subject to the provisions of this Regulation where the value of the services referred to in Annex I to Directive 2009 /81/EC outweighs the value of the services provided for in Annex I to Directive 2009 /81/EC. Where the value of the services provided for in Annex II to Directive 2009 /81/EC is greater, these contracts shall be governed exclusively by Sections 15 and 35 of this Directive. Unofficial table of contents

§ 6 Maintenance of confidentiality

(1) Contracting authorities, candidates, tenderers and contractors shall respect each other's confidentiality of all particulars and documents. For the purposes of the protection of classified information, including its disclosure to subcontractors, § 7. (2) Unless otherwise provided for in this Regulation, contracting entities may, subject to the provisions of other legislation, be subject to the following conditions: does not disclose information acquired by the applicants, tenderers and contractors and classified by them as confidential information. This shall apply in particular to technical secrets and trade secrets. (3) Applicants, tenderers and contractors may not pass on to third parties information classified as confidential by the contracting authorities. This shall not apply to subcontracting if the disclosure of the information classified as confidential is required for the application for participation, the offer or the execution of the order. Applicants, tenderers and contractors must agree to maintain confidentiality with the prospective sub-contractors. Contracting entities may provide candidates, tenderers and contractors with further requirements for the protection of confidentiality, which are in fact connected with the subject matter of the contract and which are justified by the subject. Unofficial table of contents

Section 7 Requirements for the protection of classified information by companies

(1) In the event of a contract of closure within the meaning of Article 99 (9) of the Act against restrictions on competition, contracting entities must, in the contract notice or the tender documents, designate the necessary measures, requirements and requirements, which a company must ensure or comply with as an applicant, tenderer or contractor in order to ensure the protection of classified information according to the degree of confidentiality concerned. Contracting entities shall also, in the contract notice or award documents, identify the necessary measures, requirements and requirements which subcontractors must ensure in order to protect classified information in accordance with the relevant provisions of the contract. (2) The contracting authorities must, in particular, require that the application for participation or the tender be given the following information: contains:

1.

If the order includes information classified as "VS-CONFIDENTIAL" or above, statements by the applicant or tenderer and the sub-contractors already in prospect,

a): whether and to what extent the Federal Ministry of Economic Affairs and Technology or the relevant regional authorities are responsible for these safety assessments, or
b): that they are prepared to comply with all the necessary measures and requirements that are required to obtain a security certificate at the time of execution of the order;

2.

Declarations of Commitment

a): of the applicant or of the tenderer and
b): of the sub-contractors already envisaged

shall, throughout the duration of the contract and after the termination, dissolution or expiry of the contract, the protection of all classified information in their possession or to be known to them in accordance with the relevant laws, regulations and administrative provisions ensure;

3.

Statements of undertakings by the applicant or tenderer, subcontracting undertakings to which, in the course of the execution of the contract, subcontracting shall be made, declarations and undertakings referred to in points 1 and 2, and prior to the award of the Subcontract to be submitted to the contracting authorities.

(3) Must require an applicant, a tenderer or a prospective subcontractor for the application for participation or the creation of an offer of access to classified information of the "VS-CONFIDENTIAL" classification or higher, Contracting authorities before granting such access a security notification from the Federal Ministry of Economics and Technology or from relevant national authorities and the undertakings referred to in points 2 and 3 of the second paragraph of paragraph 2. If, at this point in time, no security notice can be issued by the Federal Ministry of Economics and Technology or by appropriate national authorities, and if the contracting authorities make use of the possibility, access to these Contracting entities must verify and authorise the employees of the undertaking to be employed before they are granted access. (4) Must be a candidate, tenderer or subcontractor already in prospect for the application for participation or for the creation of an offer of access to Classified information of the degree of classification "VS-FOR USE ONLY", contracting entities shall, before granting such access, require the undertakings referred to in paragraph 2 (2) and (3). (5) If the candidate or tenderer comes to the If the contracting authority does not require the declaration of undertakings to be submitted in accordance with paragraphs 3 and 4, or in the further proceedings, neither a security notice from the Federal Ministry of Economics and Technology or any corresponding measures may be required. State authorities are still empowered to give access to employees Contracting authorities shall exclude candidates or tenderers from participation in the award procedure. (6) Commissioned by candidates, tenderers or subcontractors who have already been accepted, who are not yet in the supervision of the The Federal Ministry of Economics and Technology, or the relevant national authorities, or whose staff is not yet vetted and authorized, will grant additional time to meet these requirements. In this case, contracting entities must notify this possibility and the time limit in the notice. (7) The Federal Ministry of Economics and Technology shall recognize the security notices and the authorisations of other Member States if they are to: The provisions of the Security Examination Act and § 21 (4) and (6) of the General Administrative Regulation of the Federal Ministry of the Interior on the material and organisational protection of classified information ²⁾ shall be equivalent to the necessary security measures and authorisations. On the basis of a reasoned request from the applicant authority, the Federal Ministry of Economics and Technology has to arrange further investigations to ensure the protection of classified information and to take account of the results thereof. The Federal Ministry of Economics and Technology can, in agreement with the National Security Agency for the Protection of the Secret, see a further investigation. (8) The Federal Ministry of Economics and Technology is able to provide the National Security Agency with the the security authority of the country in which the applicant or bidder or already prospective subcontractor is established, or request the Designated Safety Authority of that country to verify that the expected use of the premises and facilities, the production and administrative procedures provided for, the Procedures for the treatment of information or the personal situation of the personnel likely to be employed in the context of the contract shall be in accordance with the safety requirements to be complied with.

2): VS-Statement-VSA of 31 March 2006 in the version dated 26 April 2010 (GMBl 2010 p. 846).

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§ 8 Security of supply

(1) In the contract notice or in the tender documents, contracting entities shall determine their requirements for security of supply. (2) In particular, contracting entities may require that the application for participation or the offer contain the following information:

1.: a certificate or documents certifying that the applicant or tenderer may fulfil the obligations of the execution of the contract in respect of the export, transfer and transit of goods, including supporting documents of the the competent authorities of the Member State or Member States concerned;
2.: information on all restrictions applicable to the contracting entity on the basis of export control or security restrictions as regards the obligation to supply, transfer or use of the goods and services or to impose any provisions on such goods and services; goods and services;
3.: a certificate or documents certifying that the organisation and location of the supplier's supply chain permit him to meet the requirements referred to in the contract notice or award documents by the contracting authority to the security of supply, and the applicant's or tenderer's commitment to ensure that any possible changes in its supply chain during the execution of the order will not affect the performance of those requirements;
4.: the undertaking or tenderer's undertaking to create or maintain the capacity required to meet the potential needs of the contracting entity as a result of a crisis, in accordance with conditions to be agreed;
5.: supporting documents relating to the coverage of the supplementary needs of the contracting authority as a result of a crisis issued by the national authority responsible for the candidate or tenderer;
6.: the undertaking or tenderer ' s undertaking to ensure the maintenance, modernisation or adaptation of the goods supplied under the contract;
7.: the undertaking or tenderer ' s undertaking to inform the contracting entity in good time of any change in its organisation, supply chain or business strategy which could affect its obligations to the contracting entity;
8.: the undertaking or tenderer's undertaking to make available to the contracting entity, under conditions to be agreed, all the specific means necessary for the manufacture of spare parts, components, kits and special test equipment, including technical drawings, licenses and operating instructions, provided that it is no longer able to deliver those goods.

(3) A tenderer may not be required to obtain a pledge from a Member State which would restrict the freedom of that Member State, in accordance with international treaties and legislation on European law, to obtain its own to apply criteria for the granting of an export, shipment or transit authorisation under the conditions applicable at the time of the approval decision. Unofficial table of contents

§ 9 Submissions

Contracting entities may request the tenderer to present in his tender the part of the contract he intends to award to third parties by means of subcontracting, and the subcontractors already proposed and the subject-matter of the subcontracting authorities to be known. They may also require that the contractor notify them of any change to the sub-contractor's level entering into the performance of the contract. (2) Contractors may freely choose their sub-contractors for all subcontracting, where contracting entities do not require the award of subcontracting in the competitive procedure referred to in paragraph 3 (1) and (2). Contractors may not, in particular, be required to discriminate against potential subcontractors of other EU Member States on the grounds of nationality. (3) The following requirements may be imposed on contracting entities in the provision of subcontracting in the competitive procedure:

1.: Contracting entities may require contractors to continue to award a part of the contract to third parties. To this end, contracting authorities shall appoint a value margin, including a minimum and maximum percentage. The maximum percentage shall not exceed 30 per cent of the contract value. This margin shall be proportionate to the object and value of the contract and to the type of industrial sector concerned, including the level of competition prevailing on that market and the relevant technical capabilities of the industrial base. Any subcontracting percentage that falls within the specified value margin shall be deemed to be the fulfilment of the obligation to award subcontracting. Contractors shall award the subcontracts in accordance with § § 38 to 41. In their bid, the bidders shall indicate which part or parts of their offer they intend to award by subcontracting in order to fulfil the value range. Contracting entities may request the tenderers to disclose the part or parts of their offer which they intend to award beyond the required percentage by subcontracting, and the subcontractors already envisaged.
2.: Contracting entities may require contractors to apply the provisions of § § 38 to 41 to all or certain sub-orders which they intend to award to third parties.

(4) The contracting entities shall specify the requirements referred to in paragraphs 1 and 3 in the contract notice or in the tender documents. (5) The contracting entities may only select sub-contractors selected by the tenderer or the contractor on the basis of the criteria , which apply to the main contract and which have been indicated in the contract notice or the tender documents. If the contracting authorities refuse a subcontractor, they must explain this in writing to the tenderer or the contractor concerned and explain why, in their view, the sub-contractor considers the criteria for the main contract (6) The liability of the Contractor to the Client shall remain unaffected by the provisions of this Regulation for subcontracting.

Part 2
Procurement procedure

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§ 10 Principles of the procurement procedure

(1) § 97 (3) of the Act against restrictions on competition is applicable to the consideration of medium-sized interests. In accordance with Article 97 (3) sentence 3 of the Act against restrictions on competition, several partial or non-qualified persons may be awarded together if economic or technical reasons so require, in particular because the description of the performance is (2) If a tenderer or candidate has advised or otherwise supported the contracting authority before the award procedure has been initiated, the contracting authority shall ensure that the contracting authority has the right to: that the competition is not distorted by the participation of the tenderer or applicant (3) The General Terms and Conditions of Contract for the Execution of Services (VOL/B) shall in principle be the subject of the contract. (4) The execution of award procedures for market exploration and for the purpose of calculating the yield shall be (5) In the case of the award of the contract, the rules on prices for public contracts must be observed. Unofficial table of contents

§ 11 Types of supply of supply and service contracts

(1) The award of supply and service contracts shall take place in the non-open procedure or in the negotiated procedure with participation competition. In justified exceptional cases, a negotiated procedure is admissible without competition or a competitive dialogue. (2) Negotiations in the non-open procedure are inadmissible. (3) The contracting authorities may provide that the negotiated procedure should be , with participation competition in successive stages, in order to reduce the number of tenders negotiated on the basis of the award criteria indicated in the contract notice or the tender documents. Where contracting entities provide for this, they shall indicate this in the contract notice or in the tender documents. In the final phase of the procedure, there must be so many offers that genuine competition is guaranteed, provided that there is a sufficient number of suitable candidates. Unofficial table of contents

§ 12 Negotiation procedure without competition

(1) A negotiated procedure without participation competition is admissible

1.

in the case of supply and service contracts,

a)

if in a non-open procedure, in a negotiated procedure with participation competition or in a competitive dialogue

aa): none or no suitable offers or applications have been submitted, provided that the original conditions of the contract are not substantially altered;
bb): have not received any proper offers or only offers which are unacceptable under the applicable public procurement law or under the legislation to be observed in the procurement procedure, provided that the original conditions of the contract are not and if all and only the tenderers who meet the eligibility criteria and who have submitted tenders in the course of the previous award procedure that meet the formal requirements for the award procedure in accordance with

b)

if the time limits, including the shortened time limits laid down in the second sentence of Article 20 (2) and the second sentence of Article 20 (3), which are required by the non-open procedure and the procedure for the negotiation of participation competition, cannot be complied with because:

aa): Urgent reasons in connection with a crisis do not allow or
bb): urgent, compelling reasons in connection with events which the contracting entities could not foresulist, do not allow it. Circumstances which justify the overriding urgency must not be attributed to the conduct of the contracting entities;

c)

if the contract can only be carried out by a particular company on account of its technical features or because of the protection of exclusive rights, such as patent or copyright law;

d)

in the case of research and development services;

e)

in the case of goods produced solely for the purpose of research and development; this does not apply to mass production for proof of marketability or to cover research and development costs;

2.

in the case of supply contracts

a): Additional deliveries of a contractor intended either for the partial renewal of goods supplied on the market or for the extension of supplies or existing facilities, if a change of entreprenchman leads to the contracting entity would have to buy goods with different technical characteristics and would result in a technical incompatibility or disproportionate technical difficulties in use and maintenance. The duration of such contracts or standing orders may not exceed five years, except in exceptional cases, taking into account the expected service life of the goods, installations or systems and the goods supplied by a change of the technical difficulties arising from the operation of the undertaking;
b): in the case of goods listed and purchased on a stock exchange;
c): where goods are subject to particularly favourable conditions in the case of suppliers definitively adjusting their business activities or in the case of insolvency administrators in the course of insolvency proceedings or in the case of insolvency proceedings or under the rules of another Member State. the same type of procedure;

3.

for service contracts

a)

for additional services which are not provided for in the draft under which the contract is awarded or in the contract originally concluded, but which, due to an unforeseen event, are designed to carry out the service described therein provided that the contract is awarded to the trader who provides that service if the total value of the contracts awarded for the additional services does not exceed 50% of the value of the original contract, and where the contract is awarded to the contractor who provides the service.

aa): these additional services cannot be separated from the original contract in technical and economic terms without any substantial disadvantage to the contracting entity; or
bb): these services may be separated from the execution of the original contract, but are strictly necessary for completion of the contract;

b)

in the case of new service contracts, the services which have been repeated by the same contracting authority to the same contractor, provided that they correspond to a basic design and that the draft was the subject of the original contract, which has been awarded in a non-open procedure, a negotiated procedure with competition for participation, or in a competitive dialogue. The contracting authority must indicate the possibility of applying this procedure in the case of a call for competition for the first project; the total order value envisaged for the continuation of the services shall be provided by the contracting authority in the case of the first project. Application of Section 1 (2). This procedure may be applied only within five years of the completion of the original contract, except in exceptional cases, the goods, installations or systems supplied by the processing of the expected service life, and the goods, systems or systems supplied by any change in the company's technical difficulties is determined;

4.

for contracts relating to the provision of air and maritime transport services to the dispute or security forces which are to be used or to be used abroad, if the contracting authority is to provide such services to undertakings , which guarantee the validity of their tenders only for such a short period of time, that the shorter time limit for the non-open procedure or the negotiated procedure with participation competition, including the shortened deadlines in accordance with § 20 The second sentence of paragraph 2 and the second sentence of paragraph 3 may not be complied with.

(2) The contracting entities must justify the application of the negotiated procedure without competition in the contract notice in accordance with § 35. Unofficial table of contents

§ 13 Competition Dialogue

(1) The contracting authorities within the meaning of section 98 (1) to (3) of the Act against restrictions on competition may enter into a competitive dialogue pursuant to Section 101 (4) sentence 1 of the Act against restrictions on competition for the award of particularly complex contracts provided that they are not objectively capable of

1.: to specify the technical means to meet their needs and objectives, or
2.: state the legal or financial conditions of the project.

(2) In accordance with Section 101 (4), second sentence, of the Act against restrictions on competition, a call for participation and subsequent negotiations with selected companies shall be made in the competitive dialogue on all details of the contract. In particular, the contracting entities shall proceed as follows:

1.: The contracting entities must make known their needs and requirements and explain them. The explanation is given in the notice or the performance description.
2.: With the appropriate companies selected in accordance with § § 6, 7, 8 and 21 to 28, the contracting entities open a dialogue in which they determine and determine how best to meet their needs. In doing so, they can discuss with the selected companies all the details of the contract. The contracting authorities must treat all companies equally in the dialogue. In particular, they shall refrain from any discriminatory transfer of information which may favour certain tenderers in relation to others. The contracting authority shall not disclose any proposed solution or confidential information of a company without its consent to the other companies.
3.: Contracting entities may provide that the dialogue shall be carried out in successive stages in order to determine the number of proposed solutions to be discussed during the dialogue phase, on the basis of the information provided for in the contract notice or in the tender documents. To reduce the award criteria. The notice or the description of the performance shall indicate whether this option is used. In the final phase, there are still so many offers to ensure that genuine competition is guaranteed, provided that there is a sufficient number of solutions. The companies whose solutions are not intended for the next phase of dialogue will be informed.
4.: The contracting authorities shall declare the dialogue concluded when one or more solutions have been found which meet their needs or that it is clear that no solution can be found. In the case of the first alternative, they call on the companies to submit their final offer on the basis of the solutions submitted and detailed in the dialogue phase, which will provide all the details necessary for the implementation of the project. must be included. The contracting entities may require that clarifications, clarifications and additions to these offers be made. Such clarifications, clarifications or additions shall not, however, result in any change in the basic elements of the tender or of the invitation to tender which could distort competition or have a discriminatory effect.
5.: Contracting entities shall evaluate the tenders on the basis of the award criteria laid down in the contract notice or in the tender documents. The contract may only be awarded on the most economical offer. Contracting entities may require the company whose offer has been identified as the most economical to explain certain details of the offer or to confirm the commitments contained in the offer. This must not lead to the modification of the essential aspects of the bid or the invitation to tender and the distorting of competition or the discrimination against other undertakings involved in the proceedings.
6.: Where contracting entities require that the undertakings participating in the competitive dialogue work out drafts, plans, drawings, calculations or other documents, they shall be uniform for all undertakings in good time for the document required , a reasonable reimbursement of expenses.

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Section 14 Framework agreements

(1) In order to conclude a framework agreement within the meaning of Article 4 (2), the contracting entities shall comply with the procedural provisions of this Regulation. For the selection of the contractor, the award criteria shall apply in accordance with § 34. Contracting entities may not use the instrument of a framework agreement in an abusive manner or in such a way as to impede, restrict or distort competition. Contracting entities may not conclude several framework agreements for the same performance. (2) The contracting entities shall award individual contracts in accordance with the procedure laid down in paragraphs 3 to 5. The award may only be granted by contracting entities which have reported their probable need for the award procedure to undertakings with which the framework agreements have been concluded. In the case of individual contracts, the parties shall not make any substantial changes to the terms of this Framework Agreement. This shall apply in particular where the framework agreement has been concluded with a single undertaking. (3) Where a framework agreement is concluded with a single undertaking, the framework agreement shall be based on the following: Individual contracts shall be awarded in accordance with the terms of the Framework Agreement. Prior to the award of the individual contracts, the contracting entities may request in writing the undertaking participating in the framework agreement and, if necessary, request completion of the tender. (4) If a framework agreement with a number of In the case of undertakings, at least three undertakings must be involved, provided that a sufficiently large number of undertakings satisfy the eligibility criteria or a sufficiently large number of authorised tenders satisfy the award criteria. (5) Award of individual orders on one of a number of companies the framework agreement shall be based on the following:

1.

all conditions are set, under the terms of the framework agreement, without renewed call for competition, or

2.

, not all the conditions set out in the Framework Agreement, after renewed calls by the parties to compete on the same terms and conditions which need to be clarified if necessary, or, in accordance with others, in the tender documents relating to the framework agreement said conditions. The following procedure shall be followed:

a): Before awarding each individual order, the contracting entities shall ask the companies in writing whether they are in a position to carry out the individual contract.
b): Contracting entities shall set a reasonable time limit for the submission of tenders for each individual contract, taking into account in particular the complexity of the subject-matter of the contract and the time required for the transmission of tenders.
c): Contracting entities shall indicate the form in which tenders are to be submitted, the content of the tenders shall be kept secret until the end of the offer period.
d): The contracting entities shall award the individual contracts to the undertaking which, on the basis of the award criteria set out in the framework agreement, has made the most economic offer.

(6) The duration of a framework agreement shall not exceed seven years. This shall not apply in special cases where a longer term is justified on the basis of the expected service life of delivered goods, installations or systems and the technical difficulties caused by a change in the company. The contracting entities shall justify the longer term in the contract notice in accordance with § 35. Unofficial table of contents

§ 15 Performance description and technical requirements

(1) The contracting entities shall ensure that the description of the performance is equally accessible to all candidates and tenderers and that the opening up of the national procurement market to competition from suppliers from other EU Member States is not available in (2) The performance shall be clearly and fully described so as to ensure the comparability of the tenders. Technical requirements referred to in Annex III (1) (b) of Directive 2009 /81/EC shall be the subject of the contract notice or the award documents. (3) Without prejudice to any mandatory technical requirements, including those relating to: Product safety and technical requirements to be complied with in accordance with international standardisation agreements in order to guarantee the interoperability required by these agreements are technical requirements in the To set the performance description as follows:

1.

with reference to the technical requirements as defined in Annex III to Directive 2009 /81/EC, in the following order of precedence, each of which shall be accompanied by the words "or equivalent":

a): civil standards with which European standards are implemented,
b): European technical approvals,
c): common civil technical specifications,
d): civil standards with which international standards are implemented,
e): other international civil norms,
f): other technical reference systems drawn up by the European standardisation bodies, or, if such standards and specifications are lacking, other national civil standards, national technical approvals or national technical specifications for the planning and calculation and presentation of products, as well as the use of products,
g): civil technical specifications developed by the industry and generally accepted by the industry, or
h): technical standards referred to in point 3 of Annex III to Directive 2009 /81/EC and specifications for defence equipment which comply with those standards;

2.

or in the form of performance or functional requirements, which may also include environmental characteristics. These requirements must be clearly formulated in such a way that they clearly and definitily explain the subject matter of the contract to candidates and tenderers and enable the contracting authorities to grant the contract award,

3.

or as a combination of paragraphs 1 and 2,

a): either in the form of performance or functional requirements referred to in point 2, with reference to the technical requirements as defined in point 1 of Annex III to Directive 2009 /81/EC, as a means of presumption of conformity with those performance requirements, and functional requirements, or
b): in respect of certain characteristics, with reference to the technical requirements set out in Annex III to Directive 2009 /81/EC, as referred to in point 1, and with regard to other characteristics, with reference to the performance and functional requirements referred to in Number 2.

(4) In cases where the contracting entities refer to the technical requirements referred to in paragraph 3 (1), they may not refuse an offer on the grounds that the goods and services offered do not correspond to the goods and services offered by them. requirements, provided that the undertakings in their bid demonstrate to the contracting entities by appropriate means that the solutions they propose meet the technical requirements to which reference has been made. The appropriate means shall be, in particular, a technical description of the manufacturer or a test report from a recognised body. (5) The adjudicating entity shall place the technical requirements referred to in paragraph 3 (2) in the form of performance or Where functional requirements are met, it may offer an offer, which is a standard which implements a European standard, or a European technical approval, a common technical specification, an international standard or a standard the technical reference system drawn up by the European standardisation bodies, do not reject if these specifications concern the performance or functional requirements which it requires. Tenderers shall, in their tenders, demonstrate to the contracting entity, by all appropriate means, that the relevant product or service corresponding to the standard is in accordance with the performance or functional requirements of the contracting authority. A technical description of the manufacturer or a test report from a recognised body may be considered as appropriate means. (6) Write the contracting entities environmental characteristics in the form of performance or functional requirements as referred to in paragraph 3 (2). , they may, in whole or in part, use the specifications defined in European, multinational, national or other eco-labels, if:

1.: these are suitable for the definition of the characteristics of the goods or services which are the subject of the contract,
2.: the requirements for the eco-label are drawn up on the basis of scientifically substantiated information;
3.: the eco-labels are adopted in the context of a procedure to which interested parties may participate and
4.: the eco-label is accessible and available to all concerned.

Contracting entities may indicate in the specifications that, in the case of goods or services provided with an eco-label, it is presumed that they meet the technical requirements set out in the specifications. Contracting entities must allow any other appropriate means of evidence, such as technical documentation of the manufacturer or test reports of recognised bodies. (7) Recognised bodies shall be the testing and calibration laboratories and the inspection and calibration laboratories. Certification bodies which comply with the requirements of the applicable European standards. Contracting entities shall recognise certificates issued by recognised bodies established in other Member States. (8) Where it is not justified by the subject-matter of the contract, the description of the performance shall not be allowed to refer to a particular production or production. A reference to origin or a specific procedure or to trade marks, patents, types, origin or production is referred to, where it favours or excludes certain undertakings or certain goods. Such reference shall be permitted on an exceptional basis, where the subject-matter of the contract referred to in paragraphs 2 and 3 cannot be clearly and fully described; such references shall be accompanied by the words "or equivalent".

Footnote

6 sentence 1 Input rate italic print: should be right "whole". Unofficial table of contents

Section 16 Award documents

(1) The tender documents shall include all the information necessary to enable a decision to take part in the award procedure or for the submission of tenders. They usually consist of

1.: the cover letter (invitation to take part or submission of tenders or cover letter for the submission of the requested documents),
2.: the description of the details of the implementation of the procedure (application conditions), including the indication of the award criteria and their weighting or the descending order of importance attributed to these criteria, unless in the notice already mentioned,
3.: the contract documents consisting of the performance description and the terms and conditions of the contract; and
4.: Name and address of the contracting authority responsible for the investigation.

(2) In so far as the contracting authorities require proof, they shall compile them in a final list. Unofficial table of contents

§ 17 Pre-information

Contracting entities may, by means of pre-information published by the European Commission or by themselves in their buyer profile, communicate the estimated total value of the contracts or the framework agreements which they make available in the twelve months to be awarded or concluded.

1.: Supply contracts shall be made by product group with reference to the Common Procurement Vocabulary in accordance with Regulation (EC) No 213/2008 of the European Commission of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 28 November 2007 on the European Parliament and Council on the Common Procurement Vocabulary (CPV) and the Procurement Directives of the European Parliament and of Council 2004 /17/EC and 2004 /18/EC with a view to the revision of the vocabulary (OJ L 327, 28.2.2004, p. L), as amended,
2.: Service contracts shall be carried out in accordance with the categories listed in Annex I to Directive 2009 /81/EC

(2) The communications referred to in paragraph 1 shall be sent to the European Parliament without delay following the decision on the approval of the project for which the contracting entities intend to issue contracts or conclude framework agreements Commission transmitted or published in the description profile. Where a contracting entity publishes a preliminary information in its buyer profile, it shall notify the European Commission, having regard to the models and modalities for the electronic transmission of notices referred to in point 3 of Annex VI to the Directive 2009 /81/EC The preliminary information may not be published in a description profile before the announcement of this publication has been sent to the European Commission. The date of dispatch must be indicated in the buyer profile. (3) The contracting authorities shall be obliged to publish if they intend to reduce the time limits for receipt of tenders in accordance with Article 20 (3) sentence 3 (4) The provisions of paragraphs 1, 2 and 3 shall not apply to the negotiated procedure without competition. Unofficial table of contents

Section 18 Announcement of award procedures

Contracting entities which intend to award a contract or a framework agreement by way of a non-open procedure, a negotiated procedure with competition or a competitive dialogue shall be obliged to do so by means of a (2) The notice shall contain at least the information listed in Annex IV to Directive 2009 /81/EC. It shall be adopted in accordance with the procedure laid down in Annex XV to XVIII of Commission Implementing Regulation (EU) No 842/2011 of 19 August 2011 on the introduction of standard forms for the publication of public procurement notices in the field of Public procurement contracts and repealing Regulation (EC) No 1564/2005 (OJ L 200, 30.7.2005, p 1). (3) In particular, the contracting authorities must indicate in the notice of publication:

1.: in the case of non-open procedures or negotiated procedures with participation competition, which eligibility requirements apply and which certificates of aptitude are to be submitted,
2.: in accordance with Section 9 (4), whether, pursuant to Article 9 (1) or (3), requirements for subcontracting shall be made and the content of such subcontracting,
3.: whether it is intended to carry out a negotiated procedure with competition or a competitive dialogue at various stages in order to reduce the number of tenders; and
4.: The name and address of the contracting authority responsible for the investigation.

(4) The notice shall be immediately forwarded to the Office for Official Publications of the European Parliament, in compliance with the models and modalities for the electronic transmission of notices referred to in point 3 of Annex VI to Directive 2009 /81/EC or, inter alia, by other means. European Union. In the accelerated procedure referred to in the second sentence of Article 20 (2) and the second sentence of paragraph 3, the notice shall be published in accordance with the models and modalities for the electronic transmission of notices referred to in point 3 of Annex VI to Directive 2009 /81/EC by means of: Telefax or electronic means. The contracting authorities must be able to demonstrate the date of dispatch. (5) The contract notice and its contents may not be published on a national level or in a buyer profile before the date of dispatch to the Office for Official Publications of the European Communities. Union shall be published. Publication at national level may not contain any information other than the notice to the Office for Official Publications of the European Union or to the publication in the description profile. The date of dispatch of the Europe-wide notice to the Office for Official Publications of the European Union or to the publication in the description profile shall be drawn up in the national notice. Unofficial table of contents

Section 19 Information transmission

(1) The contracting entities shall indicate in the contract notice or the award documents whether information is to be transmitted by post, by fax, by electronic means, by telephone or by a combination of these means of communication. (2) The elected Communication means must be generally available and must not restrict the access of undertakings to the award procedure. (3) The contracting entities have the integrity of the data in the communication or transmission and storage of information. and to ensure the confidentiality of tenders and requests to participate. Contracting entities may not take note of the content of tenders and requests for participation only after the deadline for submission of the tenders. Tenders must be submitted in a closed envelope by post or directly to be surpassed, as such and must be kept under closure until the deadline for submission of tenders. In the case of tenders to be transmitted electronically, the integrity shall be ensured by means of appropriate organisational and technical solutions in accordance with the requirements of the client and the confidentiality by means of encryption. The encryption must be maintained until the end of the offer period. (4) In the case of electronic means of communication, the technical characteristics must be generally accessible, compatible with the widely used equipment of the information and information systems. communication technology and non-discriminatory. The contracting entities shall ensure that the information on the specifications required for the electronic transmission of requests for participation and offers, including those relating to the electronic transmission of tenders, is provided to interested undertakings, including Encryption, accessible. In addition, it must be ensured that the devices for the electronic receipt of tenders and requests to participate comply with the requirements of Annex VIII to Directive 2009 /81/EC. (5) In addition to the information referred to in paragraph 1, the contracting entities shall indicate: the notice of the form in which applications are to be submitted for participation in the contract award procedure or tenders. In particular, they may determine which electronic signature is to be used in the case of electronic transmission in accordance with § 2 of the Signature Act for the requests to participate. Applications for participation in the award procedure may be submitted in writing or by telephone. If such a request is made by telephone, it shall be confirmed before the expiry of the time limit for receipt of the applications in writing. The contracting authorities may require that applications submitted by fax be confirmed in written form or in electronic form, provided that this is necessary for the existence of a legally valid proof. In such a case, the contracting entities shall, in the contract notice, specify this requirement together with the time limit for the transmission of the confirmation. Unofficial table of contents

§ 20 Deadlines for receipt of requests for participation and receipt of tenders

In determining the time-limits for the receipt of tenders and requests for participation, contracting entities shall, without prejudice to the minimum time limits set out below, take account, in particular, of the complexity of the contract and the time for which the contract is to be submitted. (2) In the case of a non-open procedure, in the negotiated procedure with participation competition and in the competitive dialogue, the deadline to be determined by the contracting authorities for the receipt of requests for participation shall be: at least 37 days from the date of dispatch of the notice. In cases of special urgency (expedited procedure) in the case of non-open procedures and negotiated procedures with participation competition, this period shall be at least 15 days or at least ten days for electronic transmission ³⁾ , in each case from the date of dispatch of the contract notice. (3) The offer period to be determined by the contracting authorities in the case of the non-open procedure shall be at least 40 days, calculated from the date on which the invitation to tender is sent. In the accelerated procedure, the time limit shall be at least 10 days from the date on which the invitation to tender is sent. If the contracting entities have published preliminary information pursuant to § 17, they may, as a general rule, set the time limit for the receipt of tenders to 36 days from the date on which the invitation to tender is sent, but in no case less than 22 days. to set up. This shortened time limit shall be allowed provided that the prior information contained all the information required for the notice in accordance with Annex IV to Directive 2009 /81/EC, to the extent that it was available at the time of publication of the notice, and the pre-information has been communicated for publication no later than 52 days before the date of dispatch of the contract notice no later than 12 months before the date of dispatch of the notice. (4) In the case of notices made electronically and transmitted, the contracting entities may set the time limit for The first sentence of paragraph 2 shall be reduced by seven days. Contracting entities may reduce the time limit for the receipt of tenders referred to in the first sentence of paragraph 3 by another five days if, from the date of publication of the contract notice, they shall be accompanied by the documents and supporting documents in accordance with the information in Annex. VI of Directive 2009 /81/EC shall make available electronically, directly and completely; the notice shall indicate the Internet address under which such documents may be obtained. The reduction referred to in the second sentence may be linked to the reduction referred to in the first sentence. (5) The contracting authorities must provide in good time additional information on the contract documents, the description or the supporting documents in the If the procedure is not open at the latest six days or, in the case of accelerated negotiated procedure, no later than four days before the expiry of the time limit laid down for the submission of tenders. (6) The tenders may only be available after a Site inspection or inspection in unsent tender documents , or if the time-limits referred to in paragraph 5 have not been complied with, the time limits for supply shall be extended accordingly, in such a way as to ensure that all the undertakings concerned are subject to all the information necessary for the preparation of the offer. (7) Until the end of the offer period, bidders may withdraw their tenders. The formal requirements for the submission of tenders shall be taken into account.

3): The model and the modalities for the electronic transmission of notices are available on the Internet at http://simap.europa.eu, see Annex VI, point 3, of Directive 2009 /81/EC.

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§ 21 suitability and selection of candidates

(1) Contracts shall be awarded in respect of the suitability requirements of the first sentence of Article 97 (4) of the Act against restrictions on competition. (2) The contracting entities may impose minimum requirements on the suitability for which the candidates must comply. These minimum requirements shall be subject to the subject-matter of the contract and be justified by it. The minimum requirements shall be indicated in the contract notice or the tender documents. (3) In the non-open procedure, negotiated procedures with participation competition and in the competitive dialogue, contracting entities shall be entitled to the number of suitable candidates. , which are requested to submit an offer. In order to do so, the contracting entities shall indicate in the contract notice the objective and non-discriminatory requirements which they have provided for, and the minimum number of candidates and, where appropriate, the maximum number of candidates. The minimum number of candidates shall not be less than three.

1.: Where appropriate candidates are available in sufficient numbers, the procedure shall be continued with the number of candidates corresponding to the minimum number of candidates set.
2.: Where the number of suitable candidates is less than the minimum number of candidates, the contracting authority may continue the procedure. If the contracting authority considers that the number of suitable candidates is too low to ensure genuine competition, it may suspend the procedure and the first notice in accordance with Article 18 of the Directive setting a new time limit for the Republish the submission of applications for participation. In this case, the procedure shall be continued with the candidates selected after the first notice and with the candidates selected after the second notice in accordance with § 29. The possibility of hiring the current award procedure and initiating a new procedure remains unaffected.

(4) Applicants or tenderers who are entitled to provide the service in accordance with the legislation of the EU Member State in which they have their establishment shall not be rejected solely on the grounds that they have been granted the right to is a natural or legal person to be subject to relevant German legislation. In the case of additional services in the case of supply contracts and in the case of service contracts, legal persons may be required, in their application for participation or offer, to have the names and professional qualifications of the persons (5) shall be treated as individual candidates and tenderers. (5) Applicants and tenderers should be treated as individual candidates and tenderers. Contracting entities may not require that only groups of companies which have a particular legal form may submit a request for participation or may submit an offer. In the case of the placing of the order, the contracting entities may require a bidding community to adopt a specific legal form, provided that this is necessary for the proper performance of the contract. Unofficial table of contents

§ 22 General guidelines for the verification of suitability

(1) In the contract notice or in the negotiated procedure, contracting entities must indicate in the tender documents, without competition, which evidence in accordance with § § 6, 7, 8 and 23 to 28 companies have to prove their suitability. Contracting entities may require candidates or tenderers to prove their suitability only to documents and particulars which are justified by the subject-matter of the contract. (2) Insofar as the defence and defence related to the subject-matter of the contract are concerned, security interests, contracting entities may allow candidates or tenderers to prove their suitability by presenting a declaration that they meet the eligibility criteria required by the contracting authority and that the specified evidence is available on the basis of the following: be able to provide an immediate request (egg declaration). Section 24 (1) (7) shall apply. (3) Do not provide applicants or tenderers with proof of the minimum requirements placed on their suitability, they shall be subject to a non-open procedure, negotiation procedure with participation competition, or competitive dialogue not being requested to submit an offer. If candidates or tenderers have made an offer in the negotiated procedure without competition, it will not be considered. (4) Companies are obliged to provide the required proof

1.: in the case of non-open procedures and negotiated procedures with participation competition before the end of the participation period,
2.: in the case of a negotiated procedure without participation competition before the end of the offer period,
3.: in the case of a framework agreement in accordance with the type of procedure chosen, in accordance with points 1 and 2,
4.: in the case of competitive dialogue before the expiry of the participation period

, unless the relevant proof is available electronically. (5) In the non-open procedure and negotiated procedures with participation competition, the award documents may only be sent to suitable companies. In the negotiated procedure without participation competition, the award documents may be submitted to the companies selected by the contracting authority in compliance with § § 6 and 7. (6) Declarations and other documents which are to be presented as proof in the Participation competition or the offer to be submitted and, if requested by the contracting entities, not submitted by the end of the relevant time limit, can be requested until the expiry of a period of grace to be determined. If the evidence and other documents are not submitted within the grace period, the applicant or tenderer shall be excluded. Unofficial table of contents

§ 23 Zwingender exclusion in the absence of suitability

(1) An applicant or tenderer shall be excluded from participation in an award procedure due to unreliability if the contracting authority is aware that a person whose conduct is to be attributed to the undertaking is legally convicted. Has been due to:

1.: Section 129 of the Criminal Code (formation of criminal associations), § 129a of the Penal Code (formation of terrorist groups), § 129b of the Criminal Code (criminal and terrorist associations abroad);
2.: Section 261 of the Criminal Code (Money Laundering; concealment of unlawfully acquired assets);
3.: Section 263 of the Criminal Code (fraud), in so far as the offence is directed against the budget of the European Union or against households managed by the European Union or on its behalf;
4.: § 264 of the Criminal Code (subsidy fraud), in so far as the offence is directed against the budget of the European Union or against households managed by the European Union or on its behalf;
5.: Section 299 of the penal code (bribery and bribery in the course of business);
6.: Section 334 of the Criminal Code (bribery), also in conjunction with Article 2 of the EU bribery law, Article 2 (1) and (2) of the Law on the Suppression of International Bribery, § 1, paragraph 1, point 7, point 10 of the NATO Troops Protection Act and § 2 of the Code of Corruption. Law on the resting of the period of limitation of persecution and the equality of judges and staff of the International Criminal Court.

(2) A breach of the provisions referred to in paragraph 1 shall be equated with infringements of the corresponding criminal law of other Member States. (3) § 21 of the Employees ' Posting Act, § 19 of the Minimum Wage Act and § 98c of the Residence Act (4) The conduct of a legally convicted person shall be attributed to a company if it has acted as a representative institution or a member of such an institution or is a supervisory body or a member of such an undertaking for that undertaking or Organisational indebtedness according to § 130 of the Act on (5) The exclusion referred to in paragraph 1 can only be waived if there are compelling reasons for the person to be excluded from the scope of the agreement. General interest and other undertakings may not provide the service adequately or because of special circumstances of the individual case the reliability of the undertaking is not called into question by the infringement. (6) To apply the Paragraph 1 may provide the contracting authority with the necessary information on: collect the personal situation of the candidates or tenderers with the competent authorities if they have concerns about their suitability for personal use. Where the information relates to an applicant or tenderer who is established in a Member State other than the contracting authority, he/she may ask the competent authorities to cooperate. In accordance with the national law of the Member State in which the candidate or tenderer is established, such requests shall concern legal and natural persons, including, where appropriate, the directors of the undertakings concerned or any other person empowered to: is to represent the candidate or tenderer, to take decisions on his behalf or to control him. (7) As sufficient evidence that the cases referred to in paragraph 1 do not apply to the company, the contracting authority shall recognise a Excerpt from the criminal record or-in the absence of such an equivalent-an equivalent a certificate issued by a competent judicial or administrative authority in the country of origin stating that the requirements for the reliability of the undertaking are met. (8) If a certificate or certificate is issued by the country of origin of the If the applicant or the offeror is not issued or is not mentioned in all the cases provided for, it may be replaced by an insurance on oath. In the Member States where there is no insurance on the oath, the insurance on oath may be replaced by a formal declaration which a representative of the undertaking concerned before a competent court or tribunal shall be replaced by a formal declaration. an administrative authority, a notary or a professional organisation of the country of origin qualified for that purpose. Unofficial table of contents

§ 24 Optional exclusion due to lack of aptitude

(1) Applicants or tenderers may be excluded from participation in the award procedure,

1.: on whose assets the opening of insolvency proceedings or similar proceedings has been requested or such proceedings have already been opened or if the opening of such a procedure has been rejected in the absence of a mass;
2.: which are in the process of liquidation;
3.: who have been punished for a offence under a final judgment which questions their professional reliability, in particular as a result of a breach of legislation on the export of defence or defence security goods;
4.: who have been guilty of serious misconduct in the course of their professional activities, which has been shown to have been established by the contracting authority, in particular a breach of the obligation to ensure information or security of supply within the framework of: an earlier contract;
5.: which do not have the necessary trustworthiness to exclude risks to national security; the evidence that risks to national security cannot be ruled out can also be carried out using protected data sources;
6.: which have been shown to have not fulfilled their obligation to pay social security contributions, taxes and charges, Section 23 (3) shall apply accordingly;
7.: who have been guilty of a significant amount of false statements or have not issued such information when issuing information which may be obtained pursuant to points 1 to 6 as well as § § 7, 8, 25 to 28 for the purpose of proving the suitability of such information.

(2) As sufficient evidence that the cases referred to in points 1, 2, 3 and 6 of paragraph 1 do not apply to the undertaking, the contracting entity shall recognise:

1.: in the case referred to in points 1, 2 and 3 of paragraph 1, the extract of a register in accordance with the non-binding list in Annex VII, Part B and C of Directive 2009 /81/EC or a criminal record, or, in the absence of such a register, a certificate of equivalent value to a the competent judicial or administrative authority of the country of origin, which states that these requirements have been met;
2.: in the case of paragraph 1 (6), a certificate issued by the competent authority of the Member State concerned.

Where a certificate or certificate referred to in paragraph 2 (1) is not issued in the country of origin of the undertaking or where it does not mention all the cases provided for in paragraph 1 (1) to (3), it may, by means of an insurance scheme, instead of being replaced. In the Member States where there is no insurance on the oath, the second sentence of Article 23 (8) shall apply accordingly. Unofficial table of contents

Section 25 Proof of permission to practise the profession

(1) The contracting entities may ask candidates or tenderers to provide proof of their permission to practise their profession

1.: to submit an extract from a professional or trade register, in accordance with the non-binding list in Annex VII, Part B and C of Directive 2009 /81/EC, if the registration is a condition of origin or establishment in accordance with the rules of the Member State in the case of the professional exercise,
2.: to make a statement under oath, or
3.: to submit another certificate.

(2) If applicants or tenderers have a specific entitlement or are a member of a particular organisation in order to be able to provide a service in their home Member State, contracting entities may require candidates or tenderers to: to provide proof. Unofficial table of contents

Section 26 Proof of economic and financial performance

(1) The contracting entities may, depending on the type, purpose and quantity of the goods to be supplied or the extent of the services to be provided, provide adequate evidence of the financial and economic capacity of the candidates or tenderers require, in particular, the presentation

1.: corresponding bank statements or proof of professional indemnity insurance,
2.: of balance sheets or extracts, if their publication is required by law in the country in which the candidate or tenderer is established,
3.: a statement of total turnover and turnover for the field of activity covered by the subject of the contract, but not more than for the last three financial years, in accordance with the date of establishment or the date on which the activity was carried out. Company, where appropriate information is available.

(2) If applicants or tenderers are unable to provide the required evidence for a legitimate reason, the contracting authority may allow the submission of any other appropriate proof. (3) Applicants or tenderers may choose to apply for a specific contract to the performance of other companies, if they demonstrate that they have the necessary resources to do so. This also applies to applicants or bidders. Unofficial table of contents

§ 27 Proof of professional and technical performance

(1) In accordance with the nature, purpose and quantity of the goods to be supplied or the scope of the services to be provided, contracting entities may require appropriate proof of technical and technical performance. In particular, the contracting entities may require:

1.

in the case of supply contracts

a): a list of the essential deliveries made in the last five years;
b): Samples, descriptions or photographs of the goods to be supplied, the authenticity of which shall be proved upon request by the contracting authority;
c): Certificates issued by competent institutions or by official bodies responsible for quality control certifying that the goods specified by the relevant references shall be subject to certain specifications or standards. in accordance with
d): an indication of the technical staff or technical bodies, whether or not they are affiliated to the undertaking, in particular those responsible for quality control;
e): a description of the technical equipment, the company's quality assurance measures and the company's investigative and research facilities, as well as the internal rules relating to industrial property rights;
f): in the case of a complex nature of the goods to be supplied or those which, exceptionally, serve a specific purpose, a control carried out by the contracting authority or on its behalf by a competent official body in the country of origin of the undertaking. This control shall cover production capacity and, if necessary, the undertaking's investigation and research facilities and the arrangements made by the company for quality control;
g): in the case of additional services or works, the evidence of study and evidence of formal qualifications and certificates as to the fact that the undertaking is authorised to practise as well as the managers of the undertaking and, in particular, those responsible for the provision of such services; the persons responsible for service or construction have the necessary professional competence;
h): a statement showing the average annual number of employees of the company and the number of its managers over the last three years;
i): a description of equipment, equipment, technical equipment and details of the number of employees and their knowledge, as well as the indication of the subcontractors to which the undertaking may use to carry out the contract and to provide a any increasing demand from the contracting authority as a result of a crisis, or the maintenance, modernisation or adjustment of the goods supplied under the contract. The indication of the subcontractors shall include the indication of the geographical location if these suppliers are located outside the European Union;

2.

for service contracts

a): a list of the essential services provided over the last five years;
b): samples, descriptions or photographs of the services to be provided, the authenticity of which is to be proved, as requested by the contracting authority,
c): Evidence of studies and evidence of formal qualifications as well as certificates showing that the company is authorised to practise the profession and the managers of the undertaking and, in particular, the persons responsible for the provision of the service. have the necessary professional competence;
d): an indication of the technical staff or technical bodies, whether or not they are affiliated to the undertaking, in particular those responsible for quality control;
e): in the case of services of a complex nature or of such services, which, exceptionally, serve a specific purpose, a control carried out by the contracting authority or on its behalf by a competent official body in the country of origin of the undertaking. This control shall relate to technical performance and, if necessary, to the undertaking's investigation and research facilities and to the measures taken by the company for quality control;
f): in the case of additional works, the evidence of study and training and certification that the undertaking is authorised to practise as well as the managers of the undertaking and, in particular, those responsible for the implementation of the Persons responsible for construction have the necessary professional competence;
g): an indication of the environmental management measures required by the subject-matter of the contract;
h): a statement showing the average annual number of employees of the company and the number of its managers over the last three years;
i): a description of equipment, equipment, technical equipment and details of the number of employees and their knowledge, as well as the indication of the subcontractors to which the undertaking may use to carry out the contract and to provide a any increasing demand from the contracting authority as a result of a crisis. The indication of the subcontractors shall include the indication of their geographical location if these suppliers are located outside the European Union.

(2) The contracting authority shall require information to be provided to supply and services provided for in paragraph 1 (1) (a) and (2) (a) by means of the services provided, which shall be provided for:

1.: in the case of services to the contracting authority, a certificate issued by the competent authority which can be certified, or
2.: in the case of services provided to private contracting entities, by means of a certificate issued by them or, if such a certificate is not available, by simple declaration.

(3) Information referred to in paragraph 2 shall contain at least the following information:

1.: Name of the information person;
2.: the value of the service;
3.: Time of service provision;
4.: Indication of whether the delivery performance has been properly and properly executed or the service has been carried out professionally and properly.

(4) Applicants or tenderers may rely on the performance of other undertakings for a particular contract if they demonstrate that they provide them with the means necessary for the execution of the order. This also applies to applicants or bidders. Proof may also be made by undertaking undertakings which make available to the applicant or tenderer the means necessary for the execution of the order. The pledge must be made in writing or electronically at least by means of an advanced electronic signature within the meaning of the Signature Act. (5) Applicants or tenderers may, for a legitimate reason, have the required proof of their technical and technical performance, the contracting authority may authorise the presentation of any other appropriate proof. Unofficial table of contents

§ 28 Proof of compliance with standards of quality and environmental management

(1) In order to demonstrate that candidates or tenderers meet certain quality management standards, the contracting authorities shall draw up certificates of independent and accredited bodies, contracting entities shall: Quality management systems which

1.: comply with the relevant European standards; and
2.: certified by independent accredited bodies, which comply with European standards for accreditation and certification.

Contracting entities shall recognise equivalent certificates issued by independent accredited bodies from other Member States and other evidence of equivalent quality management systems. (2) Commissioned by contracting authorities in the award of Service contracts as proof of technical performance that applicants or tenderers meet certain standards for environmental management, the submission of certificates of independent bodies, the contracting authorities shall refer to the following:

1.: either the Community Eco-Management and Audit Scheme (EMAS), or
2.: on environmental management standards based on the relevant European or international standards and certified by appropriate bodies governed by Community law or European or international standards for certification .

Equivalent certificates issued by bodies in other Member States must be recognised. Contracting entities shall also recognise other evidence of equivalent environmental management measures submitted by candidates or tenderers. Unofficial table of contents

Section 29 Request to submit an offer

(1) In the case of non-open procedures, negotiated procedures with participation competition and competitive dialogue, contracting entities shall require the candidates in writing to submit their tenders or to negotiate or to negotiate with the notification of the selection, or- in the case of the competitive dialogue, to participate in the dialogue. (2) The invitation shall contain the tender documents and all supporting documents or the indication as to how the electronic access may be made electronically in accordance with § 20 (4) sentence 2. (3) other bodies other than the contracting authority responsible for the award procedure, the Where documents are available, the contracting authority shall indicate in the invitation the address of this point and the date by which the documents may be requested. In addition, the amount to be paid for the receipt of the documents and the terms and conditions of payment shall be indicated. The companies shall receive the documents immediately after receipt of the request. (4) The contracting authority shall publish additional information on the award documents and other supplementary documents, and § 20 (5) shall apply. shall contain, on the basis of the information referred to in paragraphs 2, 3 and 4, at least:

1.: an indication of the published notice;
2.: the date on which tenders must be received, the address of the body to which they are to be submitted, and the language in which they are to be drawn up. In the case of a competitive dialogue, this information shall be listed not in the invitation to participate in the dialogue, but in the invitation to tender;
3.: in the case of a competitive dialogue, the date and place of commencement of the consultation period, as well as the languages used;
4.: the list of certificates of aptitude to be added in the case of the negotiated procedure without competition;
5.: the weighting of the award criteria or the descending order of importance attributed to these criteria, by which the most cost-effective offer will be determined if they are not already included in the notice.

(6) Client may require tenderers to indicate in the tender whether industrial property rights exist for the subject-matter of the offer or whether they are requested by the tenderers or third parties. Bieter shall always indicate whether they consider giving information from their Offer for the application of an industrial property right to be used. (7) In the offer, bidding communities each have the members as well as one of their members as representative representatives for the conclusion and the implementation of the contract. name. In the absence of any such information, it shall be provided before the award of the award. Section 22 (6) shall apply accordingly. Unofficial table of contents

§ 30 Opening of tenders

(1) On the post and directly transmitted offers are to be left unopened, to be marked with endorsement and to keep under closure until the time of the opening. Electronic offers shall be marked in an appropriate manner and shall be kept in encrypted form. Tenders submitted by fax shall also be marked accordingly and shall be kept under closure in an appropriate manner. (2) The opening of tenders shall be carried out jointly by at least two representatives of the contracting authority and shall be made available to the public. document. Tenderers are not allowed. At least the following shall be recorded:

1.: the name and address of the tenderers,
2.: the final amounts of their tenders and other information relating to the price,
3.: whether and by whom side offers have been submitted.

(3) The offers and their facilities, as well as the documentation on the opening of the bid, must be carefully kept and treated as confidential even after the conclusion of the procurement procedure. Unofficial table of contents

Section 31 Examination of tenders

(1) The offers are to be checked for completeness as well as for professional and computational correctness. (2) The following are to be concluded:

1.: offers which do not contain the required or requested declarations and evidence;
2.: offers which are not signed or are not signed at least by advanced electronic signature in the sense of the Signature Act;
3.: offers in which the tenderer's changes to his entries are not unquestionable;
4.: Tenders for which changes or additions have been made to the tender documents;
5.: offers which have not been received either in the form of a form or by the deadline, unless the tenderer does not have the right to do so;
6.: offers from tenderers who have made an inadmissible, restrictive agreement with regard to the award of the contract;
7.: offers from tenderers who could also have been excluded from participating in the competition as candidates in accordance with § 24 of this Directive;
8.: Tenders which do not include the necessary prices, unless they are non-essential individual items, the individual prices of which do not change the total price or which do not affect the order of value and the competition.

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§ 32 Side offers

(1) The contracting entities may allow side offers in the contract notice. In this case, contracting entities shall indicate in the tender documents which minimum requirements shall apply and in which manner of side offers shall be submitted. Contracting entities shall only take into account side offers which meet the minimum requirements laid down in the tender documents. Additional offers shall be excluded if they are not expressly permitted in the contract notice. (2) The contracting authority may not reject a side offer because, in the case of the surcharge, it shall be replaced by a service contract instead of a A delivery contract or a delivery order would instead result in a service contract. Unofficial table of contents

§ 33 Unusually low offers

(1) In the event that an offer is abnormally low in relation to the performance to be provided, the contracting entities shall require the tenderer to give written information on the individual positions of the offer in writing before the tender is rejected. The surcharge may not be granted on offers whose prices are in an obvious disparity with the performance. (2) The adjudicating entity shall examine the composition of the offer and take into account the supplied evidence. (3) tenders which are abnormally low on the basis of State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union, shall, for this reason, be refused only if, as requested by the contracting authorities, the undertaking is unable to prove that the aid in question has been granted lawfully within a sufficient period to be determined by the contracting authorities. Contracting entities which, in these circumstances, refuse an offer, must inform the European Commission. Unofficial table of contents

Section 34 Wertung of the offers and surcharge

(1) The acceptance of an offer (surcharge) shall be made in writing or electronically at least by means of an advanced electronic signature within the meaning of the Signature Act. In the case of transmission by fax, the signature on the fax template is sufficient. (2) The contract is awarded on the most cost-effective offer. (3) In order to determine the most cost-effective offer, the contracting authority shall apply those in the contract notice or the contract. The award criteria shall be indicated in the weighting specified or in the descending order of importance attributed to them. These award criteria must be objectively justified by the subject matter of the contract. In particular, the following criteria may be covered:

1.: quality,
2.: Price,
3.: Desirability,
4.: technical value, customer service and technical assistance,
5.: operating costs, profitability, life cycle costs,
6.: interoperability and properties when used,
7.: environmental characteristics,
8.: the period of delivery or the duration of delivery and
9.: security of supply.

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Section 35 Publication on the placing of orders

(1) The contracting entities shall be obliged to award a contract or to conclude a framework agreement within 48 days by means of a notification in accordance with the standard form set out in Annex XVII of the Implementing Regulation (EU) No 842/2011 of the European Union Commission of 19 August 2011 introducing standard forms for the publication of contract notices in the field of public procurement and repealing Regulation (EC) No 1564/2005 (OJ L 327, 22.11.2005, p. 1), as amended, to the Office for Official Publications of the European Union (OJO). This obligation does not apply to the award of individual contracts which are made on the basis of a framework agreement. (2) The contracting entities do not have to disclose a contract award or the conclusion of a framework agreement, to the extent that the disclosure of which is Impede law enforcement, which is contrary to the public interest, in particular defence or security interests, damages the legitimate commercial interests of public or private undertakings, or the fair competition between them. Unofficial table of contents

Section 36 Information of candidates and tenderers

(1) Without prejudice to the obligation under Section 101a of the Act against restrictions on competition, the contracting entities shall, at the request of the person concerned and subject to paragraph 2, inform without delay, no later than 15 days after the receipt of a corresponding written application,

1.: any non-successful candidate on the reasons for the rejection of the application;
2.: any failure to take account of the reasons for the rejection of the bid, in particular the reasons why there is no equivalence within the meaning of Article 15 (4) and (5) of this Regulation, or that the supplies or services are not do not comply with the performance or functional requirements, and in the cases of § § 7 and 8, the reasons for the lack of equivalence with regard to the requirements for the protection of classified information or to the security of supply by undertakings is available;
3.: any tenderer who has submitted a tender, but which has been rejected, on the characteristics and benefits of the tender selected, and on the name of the successful tenderer or the contracting party to the framework agreement.

(2) The contracting authority may waive the disclosure of information on the placing of orders or the conclusion of framework agreements, even if a contract notice could be waived in accordance with Section 35 (2). Unofficial table of contents

Section 37 Repeal and cessation of the award procedure

(1) The award procedures may also be partially rescind in whole or in the case of the award of lots, if:

1.: has not received an offer corresponding to the application conditions,
2.: have substantially changed the basis of the procurement procedures,
3.: they have not had any economic result, or
4.: there are other serious reasons.

(2) The contracting entities shall immediately inform the candidates or tenderers, after the award procedure has been lifted, of the reasons for their decision, in accordance with Section 126b of the Civil Code, of the reasons for their decision to be notified of a public procurement contract. To dispense with the contract or to initiate the award procedure again.

Part 3
Subcontracting

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Section 38 General requirements for subcontracting

(1) In the cases referred to in Article 9 (3) (1) and (2), contractors who are not contracting authorities within the meaning of Section 98 of the Act against restrictions on competition or comparable standards of other Member States of the European Union shall be awarded: Subcontracting to third parties in accordance with the provisions of this Part. Contractors shall award subcontracts by means of transparent procedures and shall treat all potential subcontractors in the same manner and in a non-discriminatory manner. (2) For the purposes of paragraph 1, tenderers shall be deemed to be subject to or to the Contractors not affiliated to undertakings as subcontractors within the meaning of this Part. The bidder will add a full list of these companies to the offer. If there are changes in the relationship between the companies, an updated list shall be made available to the adjudicating entity. (3) Contractors who are contracting authorities shall keep the rules in place in the subcontracting (4) For the purpose of estimating the value of sub-orders, § 3 shall apply mutatily. Unofficial table of contents

Section 39 Notice

(1) The Contractor shall publish his intention to award a subcontract in the form of a notice. The contract notice shall contain at least the information listed in Annex IV to Directive 2009 /81/EC and the selection criteria of Article 40 (1). The contract notice shall be subject to the consent of the contracting authority. The notice shall be drawn up in accordance with the European Commission's standard forms for standard forms and shall be published in accordance with Article 18 (4) and (5). (2) A notice of subcontracting shall not be required if, in appropriate application, § 12 a notice is waivable, because a negotiated procedure without participation competition would be admissible. Unofficial table of contents

Section 40 Criteria for the selection of sub-contractors

(1) In the contract notice, the contractor shall specify the eligibility criteria established by the contracting authority and any other criteria which it will apply to the selection of subcontractors. These criteria shall be objective and non-discriminatory and shall be in accordance with the criteria which the contracting authority has applied to the selection of tenderers for the main contract. The required performance must be directly related to the subject-matter of the subcontract and the level of the required skills must be appropriate to the subject-matter of the subcontracting. (2) The client may be the subject of the contract do not require that a subcontract be awarded if it proves that none of the subcontractors participating in the competition or any of the tenders submitted shall meet the criteria set out in the contract notice and it would therefore be impossible for the successful bidder to meet the requirements of The main tasks to be fulfilled. Unofficial table of contents

Section 41 Submissions under a framework agreement

(1) The contractor may fulfil the requirements for subcontracting within the meaning of Article 9 (3) (1) and (2) by awarding subcontracts on the basis of a framework agreement which, in compliance with § 38 (1) sentence 2, § § 39 and 40 has been closed. Subcontracting on the basis of such a framework agreement shall be awarded in accordance with the terms of the Framework Agreement. They may only be awarded to companies which have been parties to the framework agreement from the outset. (2) For the framework agreement concluded by the contractor, the second sentence of Article 14 (1) and the first and second sentences of paragraph 6 shall apply accordingly.

Part 4
Special provisions

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Section 42 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 for a client as a pre-occupied natural Persons who do not participate in this procedure

1.

tenderers or applicants,

2.

advise or otherwise support a tenderer or candidate, or represent it as a legal representative or only in the award procedure,

3.

employed or active

a): in the case of a tenderer or an applicant for remuneration or with him as a member of the executive board, supervisory board or similar body,
b): in the case of an undertaking included 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 person, or the activities do not affect the decisions in the award procedure.

(2) The persons whose relatives fulfil the conditions laid down in points 1 to 3 of paragraph 1 shall also be considered as 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. Unofficial table of contents

Section 43 Documentation and retention obligations

(1) The award procedure shall be documented on a continuous basis from the outset in an award notice in order to maintain the individual stages of the procedure, the individual measures and the justification for the individual decisions. (2) The award notice shall include: at least:

1.: the name and address of the contracting authority, the subject matter and the value of the contract or the framework agreement;
2.: the names of the candidates or tenderers considered and the reasons for their selection;
3.: the names of the candidates or tenderers who have not been taken into account and the reasons for their refusal;
4.: the reasons for the rejection of abnormally low tenders;
5.: the name of the successful tenderer and the reasons for the selection of his tender, and, if known, the share of the contract or the framework agreement which the successful tenderer intends to pass on to third parties or is obliged to do so to pass on,
6.: in the case of a negotiated procedure without competition and a competitive dialogue, the circumstances or reasons given in this Regulation which justify the application of those procedures; where appropriate, the reasons for the exceeding of the Periods in accordance with Article 12 (1) (2) (a), second sentence and (3) (b), third sentence, and for exceeding the threshold of 50 per cent in accordance with Article 12 (1) (3) (a),
7.: where appropriate, the reasons why the contracting entities have waived the award of a contract or the conclusion of a framework agreement,
8.: the reasons for the award of a number of partial or unskilled persons,
9.: the reasons why the subject-matter of the contract requires the submission of self-declarations or proof of aptitude,
10.: the reasons for not indicating the weighting of the award criteria;
11.: where appropriate, the reasons justifying a period of validity of a framework agreement exceeding seven years, and
12.: the reasons for the rejection of tenders.

(3) The contracting entities must take appropriate measures to document the expiry of the procurement procedures carried out by electronic means. (4) At the request of the European Commission, the contracting entities must submit a copy of the document in copy or its essential content. Unofficial table of contents

Section 44 Reporting and reporting obligations

(1) The contracting entities shall be obliged to forward to the Federal Ministry of Economics and Technology, by 31 August each year, a list of the contracts awarded during the previous calendar year. The installation is carried out separately according to public supply, service and works contracts. (2) For each contracting entity, the list shall contain at least the number and value of the contracts awarded. The data shall be broken down as follows:

1.: in accordance with the respective award procedures,
2.: in accordance with the categories of the CPV nomenclature, goods, services and works, as defined in Commission Regulation (EC) No 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and on the Common Procurement Vocabulary (CPV) and the European Parliament and Council Directives 2004 /17/EC and 2004 /18/EC with a view to the revision of the vocabulary (OJ L 327, 30.4.2004, p. 1), as amended, and
3.: after the nationality or the seat of the tenderer to whom the contract was awarded.

(3) If the contracts are awarded in the negotiated procedure without competition, the data shall also be broken down in accordance with the case groups referred to in Article 12 (1). (4) The statistical statements for top and upper federal authorities and comparable federal institutions also contain the number and the total value of the contracts awarded on the basis of the exceptions to the procurement agreements concluded within the framework of the World Trade Organisation. (5) In relation to contracting entities within the meaning of Section 98 (1) to (4) of the Law against The Federal Ministry of Economics and Technology shall determine the form in which the statistical data are to be made available by the Federal Ministry of Economics and Technology. The general decree is published in the Federal Gazette.

Part 5
Transitional and final provisions

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Section 45 Transitional provision

Award procedures which started before the entry into force of the Regulation shall be brought to an end, including the subsequent review procedures, in accordance with the law applicable at the time of the initiation of the procedure. Unofficial table of contents

Section 46 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.

Procurement Regulation in the fields of defence and security for the implementation of Directive 2009 /81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain construction, supply and

Original Language Title: Vergabeverordnung für die Bereiche Verteidigung und Sicherheit zur Umsetzung der Richtlinie 2009/81/EG des Europäischen Parlaments und des Rates vom 13. Juli 2009 über die Koordinierung der Verfahren zur Vergabe bestimmter Bau-, Liefer- und Dienstl...

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Footnote

Input formula

Part 1 General provisions

§ 1 Scope

§ 2 Applicable requirements for supply, service and works contracts

§ 3 Estimation of the order value

§ 4 Definitions

Section 5 Service contracts

§ 6 Maintenance of confidentiality

Section 7 Requirements for the protection of classified information by companies

§ 8 Security of supply

§ 9 Submissions

Part 2 Procurement procedure

§ 10 Principles of the procurement procedure

§ 11 Types of supply of supply and service contracts

§ 12 Negotiation procedure without competition

§ 13 Competition Dialogue

Section 14 Framework agreements

§ 15 Performance description and technical requirements

Footnote

Section 16 Award documents

§ 17 Pre-information

Section 18 Announcement of award procedures

Section 19 Information transmission

§ 20 Deadlines for receipt of requests for participation and receipt of tenders

§ 21 suitability and selection of candidates

§ 22 General guidelines for the verification of suitability

§ 23 Zwingender exclusion in the absence of suitability

§ 24 Optional exclusion due to lack of aptitude

Section 25 Proof of permission to practise the profession

Section 26 Proof of economic and financial performance

§ 27 Proof of professional and technical performance

§ 28 Proof of compliance with standards of quality and environmental management

Section 29 Request to submit an offer

§ 30 Opening of tenders

Section 31 Examination of tenders

§ 32 Side offers

§ 33 Unusually low offers

Section 34 Wertung of the offers and surcharge

Section 35 Publication on the placing of orders

Section 36 Information of candidates and tenderers

Section 37 Repeal and cessation of the award procedure

Part 3 Subcontracting

Section 38 General requirements for subcontracting

Section 39 Notice

Section 40 Criteria for the selection of sub-contractors

Section 41 Submissions under a framework agreement

Part 4 Special provisions

Section 42 excluded persons

Section 43 Documentation and retention obligations

Section 44 Reporting and reporting obligations

Part 5 Transitional and final provisions

Section 45 Transitional provision

Section 46 Entry into force

Final formula

Search Translated Laws of Germany

Part 1
General provisions

Part 2
Procurement procedure

Part 3
Subcontracting

Part 4
Special provisions

Part 5
Transitional and final provisions