Public procurement - participate in direct procurement or negotiated procedures
service description
In the case of direct award (national), the contracting authority (awarding body) requests selected companies to submit a bid. This also applies to the negotiated procedure (EU-wide). This is to be carried out if the order volume exceeds the threshold value. The requested companies
- offer a service corresponding to the tender,
- are known to the contracting authority in advance and
- are in regular contact with them.
Notice: The competition is very limited. The usual formal requirements do not have to be observed here.
In order to explore the group of applicants, the awarding authority can conduct a public participation competition in advance. In the negotiation procedure (EU-wide), the implementation of the participation competition is mandatory.
The planned award of the contract will be publicly announced through the participation competition. All interested companies can apply to participate. The awarding authority selects the applications and asks you to submit a bid. In doing so, it observes general award principles.
The public participation competition is advertised in special tendering media.
Notice: Tenders of the country are on the procurement marketplace released; In any case, EU tenders will be EU Official Journal released.
procedure
The direct award differs from the public and restricted tender (Europe-wide: open and non-open procedure). Price negotiations with the bidding company are permitted. There is no formal procedure.
The awarding authority may only request companies that have the necessary
- expertise,
- efficiency and
- reliability
feature. It can request the necessary proof of suitability.
If a return is also possible electronically, you must provide the documents with an electronic signature and transmit the data in encrypted form.
Notice: The awarding authority must allow a sufficient period for the tender.
It checks offers that have been received properly and on time according to the following criteria:
- completeness
- professional accuracy and
- mathematical correctness
It then informs bidders who were not considered and publicly announces the award.
The direct award differs from the public and restricted tender (Europe-wide: open and non-open procedure). Price negotiations with the bidding company are permitted. There is no formal procedure.
If no competition is held, the contracting authority will informally request you to submit a bid. The awarding authority may only request companies that have the necessary
- expertise,
- efficiency and
- reliability
feature. It can request the necessary proof of suitability. The companies also submit the offer informally. The awarding authority examines the offers and awards the contract. This is also possible informally.
In the case of public participation competitions, you can submit an application for participation in the competition to the awarding authority. If the registrar chooses you, they will ask you to submit an offer. They will send you the relevant tender documents.
Sign the completed tender documents and send them to the contracting authority. If a return is also possible electronically, you must provide the documents with an electronic signature and transmit the data in encrypted form.
Notice: The awarding authority must allow a sufficient period for the tender.
The contracting authority may only open the bids after the deadline has expired. It checks offers that have been received properly and on time according to the following criteria:
- completeness
- professional accuracy and
- mathematical correctness
The awarding authority usually communicates the award in writing. It also counts as the conclusion of a contract. It then informs bidders who were not considered and publicly announces the award.
requirements
Direct assignment is only permitted in a few exceptional cases regulated by law. The same applies to the EU-wide negotiated procedure if the order volume exceeds the threshold. For example, it is allowed if
- a value limit of EUR 10,000 is not exceeded for construction work,
- a larger service has already been assigned, a smaller one follows and the two cannot be separated from one another without disadvantage,
- only a certain entrepreneur can provide the service due to special requirements (e.g. patent protection, special experience or devices),
- the type and scope of the service cannot be clearly and exhaustively determined before the award,
- a new public or restricted tender does not promise an economic result,
- a service is particularly urgent,
- a service is subject to confidentiality regulations.
What documents are required?
You can find out from the contracting authority which documents, models or samples you need when submitting your offer.
What fees apply?
The contracting authority will not reimburse any costs for processing the offer. However, if this requires the elaboration of e.g. drafts, plans, drawings, it must uniformly grant all participants an appropriate reimbursement of costs.
processing time
The awarding authority must observe the award and binding periods in the award procedure. It sets the award period as short as possible. In the case of EU-wide procedures, the award may only be made after the information period pursuant to Section 101a GWB has expired.
legal basis
Typing
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