BSH

Invitation of tenders • Terms of contract

Tenders of the BSH

Electronic tendering platform

In the business area of the Federal Ministry of Transport and Digital Infrastructure, only electronic tenders have been accepted for award procedures via the federal e-tendering platform since 1 January 2011. This corresponds to the regulations of the Act against Restraints on Competition (GWB) - Part 4, as well as the regulations of the ordinance on the award of public contracts (VgV) and the UVgO.

Participation in the electronic tender procedure

At https://www.evergabe-online.de you will find comprehensive information on e-tendering, on participation in the electronic tender procedure, on the necessary technical requirements as well as on information, training and advisory services. The support does not replace legal advice.

Proof of suitability

You can prove suitability by submitting a self-declaration as a prequalification or as a Uniform European Self-Declaration (EEE). If required, a corresponding form will be part of the award procedure.

Terms of contract

General information

As a federal authority, the Federal Maritime and Hydrographic Agency is a contracting authority. The BSH uses the following terms and conditions of contract, which are mandatory for all contracts awarded to public contracting authorities.

Among the contract conditions applicable in each case, the more specific regulations take precedence over the more general regulations.

Pursuant to the Ordinance on the Award of Public Contracts (VgV, Section 53 (7)) and the Unterschwellenvergabeverordnung (UVgO, Section 38 (10)), bidders may not make any changes to the contract documents with their bids. In particular, the terms of the contract may not be changed by the bidders. This is to ensure equal conditions for all bidders and to make the bids comparable. Exceptions to these principles are only possible in negotiated procedures pursuant to the Ordinance on the Award of Public Contracts (VgV, Section 17) or negotiated awards pursuant to the Unterschwellenvergabeverordnung (UVgO, Section 12), insofar as the contracting authority has expressly declared the contractual provisions to be the subject of negotiations in the individual award documents of the award procedure concerned.

Therefore, only the contractual terms and conditions which have been made the subject of the award procedure by the contracting authority shall apply. The contractor's own contractual terms and conditions included in the tender are always excluded (cf. BGH judgment of 18.06.2019 - X ZR 86/17, section 14).

Supplies and services

Supplies and services shall be tendered on the basis of the Ordinance on the Award of Public Contracts (VgV § 29 (2)) and the Unterschwellenvergabeverordnung (UVgO §21 (2)) in conjunction with § 1 of the General Terms of Contract for the Provision of Supplies and Services (VOL/B). The following shall apply:

IT services

In the case of IT services, in addition to the contractual conditions for supplies and services pursuant to section 4.3 of the administrative regulations on section 55 BHO:

  • Supplementary Terms of Contract for the Procurement of Information Technology (EVB-IT) and
  • Special Terms and Conditions for the Procurement and Operation of IT Systems and Equipment and of IT Programmes.

Construction services

Construction services are tendered on the basis of the Ordinance on the Award of Public Contracts (VgV § 2) in conjunction with the Contract Award and Contract Regulations for Construction Work, Part B (VOB/B). The following apply:

Freelance services

In the case of the provision of freelance services pursuant to section 29(2) of the Ordinance on the Award of Public Contracts (VgV) the following applies