Questions 7-9

172392-2007 GU XIII - Energy supply contracting

Re III.1.1., required sureties and collateral: contract performance guarantee from a bank or credit insurer approved by the European Union and registered in Germany.
Which proofs are required, since until now no figure can be put to the contract volume? Is a declaration from the bidder/bidding consortium sufficient? For what term should such a guarantee be submitted? In what amount should the guarantee be issued (per cent of contractual sum)?

Answer Flughafen Berlin Schoenefeld 7.1
The awarding authority will specify in the bidding documents for which term and in what amount a contract performance guarantee should be furnished. During the preliminary qualification competition, no specific proof or declarations must be provided by the bidder /bidding consortium. Rather, the participation conditions are set out under III.2 of the invitation to tender.

(28.08.2007)

With reference to the invitation to tender 2007/S 139-172392, energy-supply contracting for the airport BBI (GU XIII), we kindly request, in accordance with section IV.3.3., supplementary documents, forwarding of the planning concept as given under item II.2.1. section 3 of Planning and, if possible, the existing approval plan mentioned under 5.1.1.1).

Answer Flughafen Berlin Schoenefeld 8.1
No supplementary documents/planning concepts will be sent to prospective bidders during the preliminary qualification competition for the above-mentioned invitation to tender. Only when a candidate has qualified for bideding will the selected bidders be sent other bidding documents as a basis for preparing their bid.

(28.08.2007)

In accordance with III.2.1) 2. a), bidders are required to submit a declaration to the effect that an individual whose conduct is attributable to the company has no previous conviction for a breach of one of the provisions laid down in Section 5, item 1 para 3a – g VOL/A SKR. Which individuals are individuals whose conduct is attributable to the company? Is our assumption correct that it is sufficient for members of our company’s executive board and the managing directors of our subcontractors each to furnish such a declaration in respect of their own record?

Answer Flughafen Berlin Schoenefeld 9.1
The bidder’s declaration should cover not only board members and managing directors, but also all individuals with a past conviction whose conduct is attributable to the company. This is the case if they themselves act as a signatory for the company in the management of its business or if an individual has neglected his or her supervisory or organisational responsibilities as set out under Section 130 of the Administrative Offences Act (OwiG) with regard to the conduct of another individual with a past conviction who was acting on behalf of the company.

(28.07.2007)