168027-2007 General Planning Services for Operation-specific Buildings
We have read your invitation to tender number A 33 00 1068 for general planning services for operation-specific buildings at Berlin-Brandenburg International Airport” with interest and would be greatly obliged if you would send us the bidding documents.
Answer Flughafen Berlin Schoenefeld 1.1
Thank you for your interest in our project. Please be advised that: this public invitation to tender involves a prequalification competition. All candidates are therefore required to submit all documents and information stipulated in the published invitation to tender within the stated time limit to the awarding authority. The awarding authority will then examine and evaluate the candidates’ applications in accordance with the terms and conditions of the invitation to tender. Should the awarding authority deem you to be among the maximum five best candidates in the prequalification competition, the appropriate bidding documents will be sent to you along with a request to submit your bid. It is not our practice to issue bidding documents at the pre-qualification competition stage
We kindly request information regarding the current invitation to tender as to whether it is permissible for a member of our bidding consortium to submit multiple tenders?
Answer Flughafen Berlin Schoenefeld 2.1:
Multiple applications as a candidate/bidder and/or member of a candidate/bidding consortium are not permissible.
Multiple applications as a subcontractor to candidates/bidders or candidate/bidding consortiums are not permissible.
It is permissible for you to apply as a member of a candidate/bidding consortium and as a subcontractor of a competing candidate/bidder or candidate/bidding consortium provided that the nature of your participation in the bid of a third party is such that you do not gain knowledge of the content of the competing bidder's bid or of other relevant circumstances that could lead to fair competition being jeopardised. In case of doubt, such candidates/bidders must submit proof that such a case may be ruled out at the time of submitting their application in order to avoid their possible exclusion from the competition.
Item III.1.1 Requisite Deposits and Securities refers to a contract performance guaranty and warranty for defects. Must this be included in our bid or furnished after awarding of the contract?
Answer Flughafen Berlin Schoenefeld 3.1:
The deposits and securities outlined in III.1.1) do not need to be furnished for bids. The conditions refer to the contract. Closer inspection of the tender documentation sent to successful bidders indicates a request to include such deposits/securities upon submission of a quote.
We would like to participate in the above-mentioned tendering process and have just one question.
A potential member of our group of tenderers is working on a different project at Berlin-Brandenburg Airport as a subcontractor of a structural engineer.
The question is whether this engineering company can apply for the above-mentioned project as part of our group of tenderers or is this not possible?
Answer Berlin-Schoenefeld Airport 4.1:
The awarding authority should note the following with regard to tenderers who submit an application and are already working on projects involving drawing up plans for the new BBI Airport:
Insofar as the applicants/tenderers are considered to be project engineers in terms of the relevant regulations governing contract awards, i.e. the applicants must be employed by the main contractor to draw up the invitation to tender, they may not participate unless any financial gains resulting from the tendering process can be offset by the awarding authority.
Insofar as the applicants/tenderers are not considered to be the aforesaid project engineers but have already carried out work on the BBI construction project, and have thus acquired leading knowledge that leads to financial gains which cannot be offset by the awarding authority through the DataRoom set up, these applicants/tenderers will likewise be prohibited from participating.
Applicants/tenderers who were already involved in the BBI construction project and who are obliged to check the work they have carried out thus far in this regard for compliance with contractual qualities, etc. as part of the new invitation to tender, are to be considered unreliable according to the decision of the Higher Regional Court of Brandenburg, as it is unprofessional for the respective applicants/tenderers to check their own work for deficiencies. In this case, the applicants/tenderers concerned would have to be excluded from the tendering process as a result of unreliability.
In the eyes of the awarding authority, the aforesaid remarks do not simply apply to subcontractors commissioned by the applicants/tenderers who are or were involved in the BBI construction project. In the eyes of the awarding authority, only the basic principles regarding the aforesaid unreliability are relevant, insofar as subcontractors commissioned are obliged to check their own work. A general answer simply cannot be given to the question as to what extent the general use of subcontractors is permissible, as each case must be considered and analysed separately.