Call for bids
The tender is a way of business initiation, in which a customer makes public its services to its desired conditions. This is done in newspapers, trade journals or in the Federal Tender Journal. While the public sector is usually required by law to increasingly commercial and private customers use their money to minimize this in recent years, the possibilities of the tender in hope.
The bushings are mostly subject to legal regulations ( for the building trade as the procurement and contract procedures (VOB ) ).
- 4.1 Order auctions at the private-sector area
- 4.2 Vadium
Procurement rules for contracting authorities
The rules for tendering procedures for contracting authorities are divided into the region from the so-called threshold values and below the thresholds.
Tenders from the thresholds
For tenders from the threshold values (often referred to incorrectly as " Europe-wide tender " ) embodies the rules of the "Government Procurement Agreement" (GPA ) apply. The Government Procurement Agreement, in German " government procurement agreement" is an agreement between the European Union and other 14 members of the World Trade Organization, Armenia, Canada, Hong Kong China, Iceland, Israel, Japan, Korea, Liechtenstein, the Dutch Caribbean island of Aruba, Norway, Singapore, Switzerland, Taiwan, United States, on non-discriminatory, transparent and rule of law award of public contracts. This agreement is the contract amount from which the rules apply - the so-called thresholds - in " Special Drawing Rights " (SDR ) - in German: Special Drawing Rights ( SDRs), for example, 200,000 SDRs for delivery services and 5,000,000 SDRs for construction services, committed. Here also the deadlines for the processing of tenders and procedures for the publication of tenders and the exclusion of tenderers for corruption, money laundering and supporting a terrorist organization are regulated. In contrast to the view in German speaking countries, according to which the tenderers have no enforceable legal right to a flawless tendering procedure, a right to appeal to an independent court on application of the procurement rules set out here for the bidders.
The European Union, as a party - as a signatory to this agreement are called - has adopted as part of its obligation under this Agreement for the Unification of award procedures within its scope guidelines to Member States of the EU, according to which nation-states have their procurement procedures to adapt these rules. Bidders from all GPA States may participate in the tender process and their offerings must be considered non-discriminatory ( see Article 5 of the EU Directive 2004/18/EC).
In Germany, the rules in Part IV of the Act against Restraints of Competition (GWB ) in the procurement regulation ( VgV ) of the Regulations for Professional Services (VOF ) and the particular § § of award and contract procedures (VOB Part A) and the procurement and contract procedures for services (VOL part A) regulated. The value of the thresholds in the European currencies Euro, Pound, crowns, etc. will ( SDR ) is recalculated every two years by the European Commission in accordance with the exchange rate fluctuations to the Special Drawing Rights, published ( see Article 78 of the EU Directive 2004/18/EC ). The last approximation found by Regulation ( EU) No 1177 /2009 of 30 November 2009 and became effective on 1 January 2012. The modified values are directly applicable in all EU countries from the effective date, even if the changed values were not or not yet incorporated in national regulations.
Tendering procedures below the thresholds
In tendering below the thresholds only national law applies. Participate allowed to bidders from across the " European Economic Area " (EEA). This includes not only the member countries of the European Union, Iceland, Norway and Liechtenstein. Switzerland is bound by a separate agreement. The legal basis for this arises from the unification treaty to the European Economic Community, the agreement to (EEA ) and the separate agreement with Switzerland. In Germany, the fourth part of the GWB, the VgV, the VOF and the particular § § of the VOB and the VOL do not apply in this area. For contracts below the thresholds for freelance services the corresponding fee scales apply. For example, fees for architects and engineers (HOAI ).
Not the obligation to tender is subject to the in- house procurement or the in-house business. From the tender, the parties recorded in the registry corruption can be excluded.
Tender types
Difference between " Public tenders " - from reaching the thresholds " Open procedures " - and "Limited Tenders " - from reaching the thresholds called "Restricted procedures ". In a public tender ( open procedure) will be awarded benefits / Construction in the prescribed procedures for public solicitation of an unlimited number of companies to tender. Public invitation to take place, unless the nature of the business or special circumstances justify an exception (see § § 3 of the VOB / A and VOL / A). In restricted tendering services / construction work in the prescribed procedure involving a call to a limited number of companies will be awarded for submission of tenders. Restricted invitation to tender should only take place (see § § 3 of the VOB / A and VOL / A)
A) if the power can be carried out according to their nature, only by a limited group of companies in an appropriate manner, especially when unusual expertise or performance or reliability is required,
B ) if the public tender for the contracting entity or the applicant would cause an expense that would accrue to the benefit or value of the achievable performance in imbalance,
C ) if a public tender has had no economic result,
D) if a public tender for other reasons ( eg urgency, secrecy ) is inappropriate.
Without further examination following services can be tendered restricted by VOB / A:
Up to the following contract value of construction output without VAT:
A ) € 50,000 for finishing trades (excluding energy and building ), landscaping and street furniture,
B ) € 150,000 for civil engineering, roads and civil engineering,
C ) € 100,000 for all other trades,
Publication of tenders
Public tenders are to make the VOB / A and VOL / A known, eg in newspapers, official publication of leaves or on Internet portals in Germany, according to § § 12; they may also be published on www.bund.de. Some states have their own tendering portals. In addition to the official publication leaves and portals, there are also numerous commercial journals and portals, dedicated to the publication of tenders. At the municipal level, the tender publication is very different. Often in the local press " call notes" published that do not contain the full prescribed publication text, but draw attention to the references in the public and commercial journals and portals. After reaching the threshold, the tender publication should be sent also to the Official Journal of the European Union, which translates the tender published in all official languages of the EU and published on her tender portal ' Tenders Electronic Daily ' (TED). Contracts below the thresholds can be published on the portal TED. In these cases, the question is: 'Does the contract by the Government Procurement Agreement (GPA ) " answered in the negative.
See also: tender database
Variants of the tender in the private sector
Even in the private sector, although often one speaks of tender, but it is not subject to any formal requirements of the procurement law. Here, different variants have evolved on the market.
Designations for various tender variants are also borrowed for the German -speaking world from the English usage:
Order auctions at the private-sector area
In the private sector, which is not bound by the rules of public procurement law, calls for tenders, increasingly, as a mostly Internet -based auction order. This is currently still evolving field that arises only since about 2003.
Vadium
The Vadium serves as collateral in the event that the tenderer withdraws during the award period of his offer; it decays in this case in favor of the client.