The Vergabekammer Rheinland-Pfalz examines whether contracting authorities, sector contracting entities or concession providers have infringed public procurement law in the procurement of construction, supply or services or in the award of concessions.

If you are a company, you can register in the Official Register of Prequalified Companies (AVPQ) by providing a one-time proof of your reliability and suitability to the responsible Chamber of Industry and Commerce.

In the case of direct award (national), the contracting authority (contracting authority) invites selected undertakings to submit a tender. This also applies to the negotiated procedure (EU-wide). This must be carried out if the order volume exceeds the threshold. The requested companies

• offer a service corresponding to the invitation to tender,
• are known to the contracting authority in advance, and
• are regularly associated with it.

Hint: 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 body can hold a public participation competition in advance. The negotiated procedure (EU-wide) requires the organisation of the participation competition.

Through the participation competition, the planned award of the contract will be publicly announced. All interested companies can submit applications for participation. The awarding body selects the applications and specifically invites you to submit a bid. In doing so, it observes general procurement principles.

The public participation competition will be advertised in special tender media.

Hint: Tenders issued by the Land are published on the procurement marketplace ; IN any case, EU tenders are published in the EU Official Journal .

As an entrepreneur, you can submit bids for public tenders if you offer the advertised services.

By participating in a prequalification process, construction companies can prove their qualifications in the following areas, regardless of the contract:

• Expertise
• Efficiency
• Reliability

After successful participation, companies receive a certificate and a number. Under this, the prequalification of your company is entered in the list of the Association for the Prequalification of Construction Companies e.V. (Prequalification Directory). With the certificate or number, you can prove your qualification in tender letters for public works contracts.

Note: The prequalification directory is generally accessible. Contracting authorities may also consult the evidence on which the prequalification is based.

Contracting authorities (contracting authorities) can conduct a competitive dialogue above the EU-wide thresholds. This procedure is a special form of negotiation procedure with moments of the non-open procurement procedure. It is used to award particularly complex contracts. The contracting authority may conduct the competitive dialogue if:

• the volume of the contract exceeds the specified threshold and
• objectively, it is not in a position to
  • indicate the technical means by which their needs and objectives can be met, or
  • the legal and financial terms of the project.

As an EU-wide call for tenders, the call for applications for participation in the procedure (participation competition) must be published in the EU Official Journal "S" / TED and in accordance with Hessian procurement law in the Hessian tender database HAD (http://www.had.de/); the EU notice may be made through had. The notice shall state the needs and requirements. Explanations may be made available in the notice itself or by means of a retrieval description.

You can appeal against decisions of the AwardIng Chamber to the Court of Appeal. This shall apply within two weeks from the notification of the decision of the awarding chamber.

The immediate appeal has a suspensive effect on the decision of the awarding chamber.

Notes:

If the contracting authority is to award the contract in spite of the complaint, it must request and substvent it in writing. The appeal court may allow the proceedings to continue and the award of the contract to be awarded. In doing so, it must take into account the chances of success of the immediate complaint.

You must be represented by a lawyer in the appeal proceedings. Exception: Legal entities under public law do not require legal representation.

In the case of hands-free award (national), the contracting authority (contracting authority) requests selected undertakings to submit an offer. Subsequently, both the performance and the prices can be negotiated. The same applies to the negotiation procedure (EU-wide). This must be carried out if the order volume reaches or exceeds the threshold (for delivery and services above 200,000.00 euros, for construction work above 5,000,000.00 euros).

Notes:

Competition is limited. The contracting authority may hold a public competition in advance. The negotiation procedure (EU-wide) requires the participation competition to be held in certain cases.

The public competition will be published in the Hessian Tender Database (www.had.de).

EU tenders must also be published in the EU Official Journal.

In the case of a restricted tender (national), the contracting authority (contracting authority) requests certain undertakings to submit a tender. If the EU threshold is exceeded (for supplies and services EUR 200,000.00, for construction work EUR 5,000,000.00), a non-open procedure must be carried out throughout the EU, which, in contrast to the restricted tendering procedure, is mandatory for a competition. All interested companies can apply for participation in this EU procedure. The contracting authority shall select the appropriate undertakings in accordance with the general principles of procurement. It asks them to make an offer.

Note:
EU tenders must also be published in the EU Official Journal.

In the case of a restricted call for tenders, contract advice centres may assist the contracting authority in the selection of the undertakings to be called to.

You will find out in the tender documents which deadlines you have to meet for the submission of applications for participation and tenders.

Erfahren Sie hier mehr zur Eintragung in das Benennungsregister für Vergabeverfahren der öffentlichen Hand der Hessischen Ausschreibungsdatenbank.