The UKM issues the object of procurement by means of a structured negotiation procedure in accordance with Sections 119(1) and (5) of the GWB in conjunction with Sections 14(1), (3) and 17 VgV. This means that market participants must apply for participation in this structured negotiation process through a competition. The services to be provided are awarded as a supply contract in accordance with Section 103(2) of the GWB because, according to the contracting authority’s current assessment, the subject of the envisaged partnership will be heavy-value supplies which outweigh the proportion of services provided. The contracting authority may award contracts by negotiated procedure with competitive tendering where – the needs of the contracting authority cannot be met without adapting already available solutions – the contract includes conceptual or innovative solutions – the contract cannot be awarded without prior negotiation due to specific circumstances relating to the nature, complexity or legal or financial framework or the risks involved. All these exceptions apply in the present case. The contract cannot be performed by adapting available solutions, which is why the contract includes conceptual or innovative solutions and cannot be awarded without prior negotiation due to specific circumstances related to the nature, complexity or legal or financial framework or the risks involved. 1.Participating competition In the context of the competition, interested parties may apply to participate in the procedure. In the design contest, the contracting authority will check the suitability of candidates who have submitted tenders and who are not excluded from the competition. At the end of the competition, the contracting authority will invite all suitable participants to participate in the negotiated procedure. Only those candidates who best meet the eligibility requirements will receive an invitation to participate in the negotiated procedure and thus the opportunity to submit an initial tender indicating the start of the negotiated procedure itself. It is only upon invitation to participate in the negotiated procedure that the full specifications will be made available to the participants. 2. Invitation to submit the first tender The successful participants in the competition (subsequently ‘tenderers’) will then submit initial tenders, including necessary concepts. In drawing up their tenders, the invited candidates/tenderers must take into account the documents relating to the invitation to tender, in particular the specifications. The initial offers are the basis of the first round of negotiations. The aim of these tenders, which are already binding, is to present to the contracting authority full tenders that meet the performance requirements of the procurement documents. During this round of negotiations, tenderers will have the opportunity to present their offer in detail. Consequently, the contracting authority reserves the right to award the contract to the initial tender. 3. As a follow-up to the first round of negotiations, the contracting authority shall, where appropriate, request tenderers to submit their initial tender on the basis of the indications and information provided. The information and information provided in the tenderer’s letter are therefore intended to advance and clarify the initial tenders in the light of the contracting authority’s requirements. These revised tenders may be discussed in further negotiation rounds until the quality of the bid is in line with the contracting authority’s intentions. In this case, the contracting authority invites tenderers to submit their last binding offer (BAFO) in the knowledge of the final contract terms (negotiated with the tenderers) and a detailed evaluation matrix. The number of negotiating rounds depends on the circumstances of the procedure. There is no right to negotiate. The contracting authority expressly reserves the right to exclude from the rest of the procedure tenderers who do not meet the minimum requirements in their tenders and/or do not submit their tender in accordance with the contracting authority’s specifications. The Contracting Authority also reserves the right to reduce the number of tenderers during the negotiation process. The basis for such a reduction in the number of bidders is a revised tender. However, any interim decision does not necessarily have the effect of excluding tenderers with whom the decision has been taken. If the contracting authorities declare that the negotiations with the tenderer(s) with whom negotiations have been renegotiated after the interim decision have failed provisionally or definitively, negotiations may be further negotiated with the tenderers with whom negotiations have not yet been carried out. However, tenderers are not entitled to exclusive negotiations. By submitting the first tender, tenderers expressly declare that their general terms and conditions will not apply. By submitting a tender, tenderers must ensure that the information provided is sufficient to submit a tender.
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