German construction contract procedures (VOB) - Part A: General provisions relating to the award of construction contracts

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Transcription:

DIN 1960:2016-09 (E) German construction contract procedures (VOB) - Part A: General provisions relating to the award of construction contracts Contents Page Foreword 6 German construction contract procedures Part A (VOB/A) Notes on VOB/A, 2016 edition... 13 Notes on the revised Section 1 of VOB/A 2016... 15 Section 1: Basic specifications... 17 1 Construction work (definition)... 17 2 Principles of awarding contracts... 17 3 Types of award... 17 3a Prerequisites for selection of type of award... 18 3b Procedures... 19 4 Contract types... 19 4a Framework agreements... 19 5 Integrated awards and awarding on a lot-by-lot basis... 20 6 Participants in competitive tendering... 20 6a Proof of fulfilment of selection criteria... 20 6b Means of submitting proof of fulfilment of selection criteria, procedure... 21 7 Specification of works... 22 7a Technical specifications... 23 7b Specification of works with a bill of quantities... 24 7c Specification of works within a performance programme... 25 8 Tender documents... 26 8a General, Special and Supplementary Conditions of Contract... 26 8b Regulation costs and trust, arbitration procedure... 28 9 Individual terms of contract, periods of completion... 28 9a Penalties and early completion bonuses... 29 9b Limitation periods for warranty claims... 29 9c Surety... 30-1 -

9d Amendment of contracted prices... 30 10 Tendering, examination and binding periods... 30 11 Principles of communication of information... 31 11a Requirements for electronic means... 31 12 Contract notice... 33 12a Dispatch of tender documents... 34 13 Form and content of tenders... 35 14 Opening of tenders, only fully electronic tendering permitted... 36 14a Opening of tenders, written tenders also permitted... 37 15 Clarification of contents of tender... 39 16 Exclusion of tenders... 39 16a Requesting documents... 40 16b Suitability of tenderers... 40 16c Examination of tenders... 41 16d Evaluation of tenders... 41 17 Cancellation of an invitation to tender... 42 18 Awards... 42 19 Unsuccessful tenders and requests for participation... 42 20 Documentation... 43 21 Award review... 44 22 Changes made to the contract throughout its duration... 44 23 Concession contracts... 45 Annex TS Types of technical specification... 46 Section 2 Provisions relating to the award of contracts falling within the scope of Directive 2014/24/EU (VOB/A - EU)... 48 1 EU Scope... 48 2 EU Principles of awarding contracts... 48 3 EU Types of award... 49 3a EU Prerequisites for selection of type of award... 50 3b EU Procedures... 52 4 EU Contract types... 57 4a EU Framework agreements... 58-2 -

4b EU Special instruments and methods... 60 5 EU Integrated awards and awarding on a lot-by-lot basis... 60 6 EU Participants in competitive tendering... 61 6a EU Proof of fulfilment of selection criteria... 62 6b EU Means of submitting proof of fulfilment of selection criteria, procedure... 64 6c EU Quality assurance and environmental management... 65 6d EU Capacities of other enterprises... 66 6e EU Grounds for exclusion... 66 6f EU Self-cleaning... 69 7 EU Specification of works... 70 7a EU Technical specifications, test reports, certificates, quality labels... 71 7b EU Specification of works with a bill of quantities... 74 7c EU Specification of works within a performance programme... 74 8 EU Procurement documents... 75 8a EU General, Special and Supplementary Conditions of Contract... 76 8b EU Regulation costs and trust, arbitration procedure... 78 8c EU Requirements relating to energy-related products, technical devices and equipment... 78 9 EU Individual terms of contract, periods of completion... 79 9a EU Penalties and early completion bonuses... 80 9b EU Limitation periods for warranty claims... 80 9c EU Surety... 80 9d EU Amendment of contracted prices... 81 10 EU Time limits (Tendering, examination and binding periods)... 81 10a EU For open procedures... 81 10b EU For restricted procedures... 83 10c EU For competitive procedures with negotiation... 84 10d EU For competitive dialogues and innovation partnerships... 84 11 EU Principles of communication of information... 84 11a EU Requirements for electronic means... 85 11b EU Exceptions from the use of electronic means of communication... 87 12 EU Prior information notice, contract notice... 88-3 -

12a EU Dispatch of procurement documents... 90 13 EU Form and content of tenders... 91 14 EU Opening of tenders... 92 15 EU Clarification of contents of tenders... 94 16 EU Exclusion of tenders... 94 16a EU Requesting documents... 95 16b EU Suitability of tenderers... 95 16c EU Examination of tenders... 95 16d EU Evaluation of tenders... 96 17 EU Cancellation of an invitation to tender... 98 18 EU Awards... 99 19 EU Unsuccessful tenders and requests for participation... 100 20 EU Documentation... 101 21 EU Award review by authorities... 101 22 EU Modification of contracts during their term... 101 23 EU Transitional provisions... 103 Annex TS Types of technical specification... 104 Section 3 Provisions relating to the award of contracts falling within the scope of Directive 2009/81/EC (VOB/A - VS)... 106 1 VS Scope... 106 2 VS Principles of awarding contracts... 107 3 VS Types of award... 107 3a VS Prerequisites for selection of type of award... 108 3b VS Procedures... 109 4 VS Contract types... 112 5 VS Integrated awards and awarding on a lot-by-lot basis... 112 6 VS Participants in competitive tendering... 113 6a VS Proof of fulfilment of selection criteria... 113 6b VS Means of submitting proof of fulfilment of selection criteria, procedure... 114 6c VS Quality assurance and environmental management... 115 6d VS Capacities of other enterprises... 116-4 -

6e VS Grounds for exclusion... 116 6f VS Self-cleaning... 119 7 VS Specification of works... 119 7a VS Technical specifications... 120 7b VS Specification of works with a bill of quantities... 122 7c VS Specification of works within a performance programme... 123 8 VS Procurement documents... 123 8a VS General, Special and Supplementary Conditions of Contract... 124 8b VS Regulation costs and trust, arbitration procedure... 126 9 VS Individual terms of contract, periods of completion... 126 9a VS Penalties and early completion bonuses... 127 9b VS Limitation periods for warranty claims... 127 9c VS Surety... 128 9d VS Amendment of contracted prices... 128 10 VS Time limits (Tendering, examination and binding periods)... 128 10a VS not applicable... 128 10b VS For restricted procedures... 128 10c VS For competitive procedures with negotiation... 130 10d VS For competitive dialogues... 130 11 VS Principles of communication of information... 130 11a VS Requirements for electronic means... 131 12 VS Prior information notice, contract notice... 131 12a VS Dispatch of procurement documents... 133 13 VS Form and content of tenders... 133 14 VS Opening of tenders... 135 15 VS Clarification of contents of tenders... 136 16 VS Exclusion of tenders... 137 16a VS Requesting documents... 137 16b VS Suitability of tenderers... 137 16c VS Examination of tenders... 137 16d VS Evaluation of tenders... 138-5 -

17 VS Cancellation of an invitation to tender... 139 18 VS Awards... 139 19 VS Unsuccessful tenders and requests for participation... 140 20 VS Documentation... 141 21 VS Award review by authorities... 142 22 VS Modification of contracts during their term... 142 Annex TS Types of technical specification... 145-6 -

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