Public procurement notice: Contract Notice
Published: 2024-08-07
Region: DEA22
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 72212100: Industry specific software programming services | 72230000: Custom software development services | 72262000: Software development services | 72263000: Software implementation services
Submission deadline: 2024-09-06

Technical requirements: Zwingende bzw. fakultative Ausschlussgründe nach §§ 123 bis 126 GWB
The competent reviewing authority is
Vergabekammer des Bundes [transl.: Federal Public Procurement Tribunal]
Villemombler Straße 76
53123 Bonn
Tel.: 0228 9499-0
Fax: 0228 9499-163
Email: vk@bundeskartellamt.bund.de 
Website: http://www.bundeskartellamt.de/SharedDocs/Kontaktdaten/DE/Vergabekammern.html
Candidate/ Bidder is requested to clearly identify those sections of the participation application (and eventually of the tender, if applicable) that contain a trade or busi-ness secret. If Bidder fails to do so, the Public Procurement Tribunal may, in the case of a review procedure, assume that Bidder has agreed to have these documents inspected (§165 para. 3 GWB). As Awarding Authority, FAIR is obliged to make the tender file available to the Public Procurement Tribunal immediately when initiating a review procedure (§ 163 para. 2 cl. 3 GWB).
Candidates/ Bidders have a right to expect the contracting authority's compliance with the Bidder-protecting provisions re: the tender procedure (§ 97 para. 6 GWB). If Candidate/ Bidder interested in the contract considers that Bidder's rights have been infringed through failure to comply with award regulations, the infringement must be reported to FAIR within ten calendar days (§ 160 para. 3 cl. 1 nr. 1 GWB).
Infringements identifiable on the basis of the announcement or the award docu-ments must be asserted against FAIR within the deadline for submission of applica-tions (or tenders) specified in the announcement (§ 160 para. 3 cl. 1 nr. 2 - 3 GWB).
If FAIR informs Candidate/ Bidder that FAIR is unwilling to redress its complaint, it is possible to file an appeal for review with the aforementioned Public Procurement Tribunal within 15 days of receipt of the notification (§ 160 para. 3 cl. 1 nr. 4 GWB).
Bidders whose tenders are not to be considered for the award will be informed prior to the award according to § 134 GWB. A contract may only be concluded 15 calen-dar days after this information has been sent by FAIR. In the case of transmission by fax or electronic means, this period shall be ten calendar days. It commences on the day after dispatch of the information by FAIR. After this period has expired, a sur-charge is possible, even if the deadline is not passed according to § 160 para. 3 GWB. An application for review would therefore have to be delivered to FAIR by the Public Procurement Tribunal before the expiry of the deadline according to § 134 GWB in order to prevent a surcharge.
According to § 135 para. 1 and 2 GWB, the ineffectiveness of a commission can only be established if it has been asserted in the review procedure within 30 calendar days of the conclusion of the contract but not later than six months after the conclusion of the contract. If the contracting entity has published the award in Amtsblatt der Europäischen Union [transl.: Official Journal of the European Union], the period un-enforceability shall end 30 calendar days after announcement of the publication of the award in Amtsblatt der Europäischen Union.

Information pursuant to Art. 13 GDPR on the processing of your personal data within the scope of our business relationship is available at: www.gsi.de/data-protection
Service Agreement for the design of firmware, software and hardware of the control electronics for Super-FRS dipole and quadrupole magnet power converters in the FAIR project, as well as similar developments and investigations necessary for the control electronics of the FAIR power converters in general, taking into account correlations of the systems.
To accomplish these tasks, an in-depth understanding of the system components and their interaction with the power converter is required in order to be able to propose modifications that will improve the system.
Supporting documents:
    - 2.1 Information on overall revenues and order-specific revenue (To be submitted with the participation request by means of self-declaration): Declaration of the total company turnover and the turnover in relation to the particular type of service to which the award relates, in both cases, in relation to the last 3 financial years - on the FAIR preprinted form under Company presentation.
- 6. Proof of compulsory commercial/professional liability insurance (To be submitted with the participation request by means of self-declaration): Information about the insurance provider and the amount of coverage on the FAIR preprinted form
Supporting documents:
    - 7. Bidding consortium (To be submitted with the participation request by means of third party confirmation): BGB company with joint and several liability with listing of all members and their authorised representatives incl. naming of an authorised representative who shall represent the consortium in a legally binding manner vis-à-vis the Contracting authority. The tender must be accompanied by a legally binding declaration signed by all joint members that the lead firm, as authorised representative, represents the joint members listed before the Contracting authority and is jointly and severally liable, having an effect on each member, for performing the service in accordance with the contract.
- 9. Russia sanctions - Declaration on Regulation (EU) 833/2014 (To be submitted with the participation request by means of self-declaration): On 08.04.2022, the Council of the European Union adopted Regulation (EU) 2022/576 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine. This entered into force on 09.04.2022. As a regulation, it has direct legal effect in the member states and has a direct impact on the award of public contracts and concessions.
- 16. Sub-contractor Declaration (To be submitted with the participation request by means of self-declaration): Only to be completed if partial services are to be passed on to sub-contractors or if the applicant/bidder is using a sub-contractor to demonstrate suitability. In this case, this must be submitted with the request to participate/the offer. A declaration of availability (see Declaration of Availability form) from the sub-contractor must also be submitted with the request to participate/the offer in case of hired competence. In case of partial performance by the sub-contractor, the declaration will be requested before the award of the contract.
- 17. Declaration of Availability - Sub-contractor Declaration (To be submitted with the participation request by means of self-declaration): Only to be completed in parallel with the "Sub-contractor Declaration" and signed by the sub-contractor if partial services are to be passed on to sub-contractors (performance by sub-contractor) or if the applicant/bidder is using a sub-contractor to demonstrate suitability (hired competence - see Sub-contractor form). In the event that more than one sub-contractor is being used, several copies of this form should be filled out. One declaration of commitment should be submitted per sub-contractor.
- 18. Further bidder information - EU wide tendering procedures (so-called eForms) (To be submitted with the participation request by means of self-declaration): In the context of the introduction of new stipulations for EU-wide tendering procedures (so-called eForms), public clients have been required since 25 October 2023 to publish the contractor information listed in any contract notices (previously contract award notices). 
Against this backdrop, must be provided for each bidder and each member of a bidding consortium the information listed on the relevant form with the proposal or the participation application in the case of a preliminary participation contest.

Eligibility requirements: other


Winner: Datenservice Öffentlicher Einkauf (in Verantwortung des Beschaffungsamts des BMI)