[Seite 1]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 1 | 02.10.2026 | The tender documents stipulate that valid certification to ISO/IEC 27001 is a disqualification criterion. We would like clarification as to whether this requirement must be met by a certificate specifically relating to the tenderer and the specific scope of the contract, or whether, alternatively, equivalent evidence of an implemented information security management system will be accepted. In particular, can documented information security, data protection, compliance and governance structures; group- wide binding security policies; technical and organisational measures; regular internal controls and audits; and an information security management system demonstrably aligned with ISO/IEC 27001 be accepted as equivalent evidence? If not, we would ask you to consider whether, for reasons of proportionality and to ensure fair competition, ISO 27001 certification could be removed from the exclusion criteria and instead be taken into account as an evaluation criterion. Please also advise which specific alternative forms of evidence, if any, must be submitted with the application to participate or the tender. | The requirement for valid certification to ISO/IEC 27001 remains a mandatory eligibility criterion for this tender and cannot be replaced by alternative evidence. Certification to ISO/IEC 27001 constitutes an independent verification by an accredited third party that an organisation’s Information Security Management System (ISMS) has been assessed against a recognised international standard. Whilst documented information security policies, governance structures, technical and organisational measures, internal controls, audits and other security-related practices may contribute to an effective information security framework, TSCNET is not in a position to independently assess whether such measures are equivalent to the level of security guaranteed by an officially certified management system in accordance with ISO/IEC 27001. Consequently, alternative evidence of an implemented ISMS cannot be accepted in lieu of a valid ISO/IEC 27001 certificate, and the certification requirement remains in place as an eligibility criterion for participation in this procurement procedure. |
| 2 | 05.10.2026 | Please confirm whether German commercial register extracts (Handelsregisterauszüge) and German temporary work licences (AÜG-Erlaubnis) may be submitted in German language, or whether certified English translations are required. | We can confirm that extracts from the German commercial register and German AÜG licences may be submitted in German. |
| 3 | 05.10.2026 | We have noted that the document “Annex 7 to the Letter of Tender – Self-Declaration to the Sanctions Regulation” appears to be non-editable and cannot be completed electronically. Could you please provide an editable version of the document or confirm whether we may complete the form in a separate document while maintaining the original structure and wording? | Thank you very much for bringing this to our attention. Please use the newly updated form: “20261005_Annex 7_to LoT_Self-declaration regarding the Sanctions Regulation.docx” |
| 4 | 06.10.2026 | Our company is currently involved in another programme in which TSCNET participates. We would like to ask whether this status could give rise to a conflict of interest, particularly with regard to testing the calculation modules. Would our status as a programme contractor constitute a conflict of interest with regard to testing the calculation modules? If so, would it be acceptable for us to apply for testing activities relating to other software applications? Would this status prevent us from submitting a tender independently? If not, could we participate as a subcontractor of another tenderer? | Participation in another TSCNET programme does not automatically constitute a conflict of interest and does not in itself prevent a company from submitting a tender. However, tenderers shall disclose any involvement in the development or maintenance of software applications that may become subject to testing activities under the framework agreement. TSCNET will assess potential conflicts of interest on a case-by-case basis. As a general principle, a contractor may not be assigned testing activities relating to software applications for which it provides or has provided development, consultancy or related services.” |
| 5 | 07.10.2026 | Is certification to ISO/IEC 27001 a mandatory eligibility criterion (exclusion criterion)? If so: Are equivalent forms of evidence recognised (e.g. a documented ISMS with a self-declaration or an ongoing certification process)? In the case of temporary agency work, the temporary staff work in accordance with the client’s instructions and within the client’s IT infrastructure, and are therefore subject to the client’s ISMS. Is it therefore sufficient for staff to be bound by the information security requirements of TSCNET? | The requirement for valid certification to ISO/IEC 27001 remains a mandatory eligibility criterion for this tender and cannot be replaced by alternative evidence. Certification to ISO/IEC 27001 constitutes an independent verification by an accredited third party that an organisation’s Information Security Management System (ISMS) has been assessed against a recognised international standard. Whilst documented information security policies, governance structures, technical and organisational measures, internal controls, audits and other security-related practices may contribute to an effective information security framework, TSCNET is not in a position to independently assess whether such measures are equivalent to the level of security guaranteed by an officially certified management system in accordance with ISO/IEC 27001. Consequently, alternative evidence of an implemented ISMS cannot be accepted in lieu of a valid ISO/IEC 27001 certificate, and the certification requirement remains in place as an eligibility criterion for participation in this procurement procedure. |
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[Seite 2]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 6 | 07.10.2026 | Does the required minimum turnover of EUR 900,000 per annum (2023–2025) relate exclusively to the provision of IT and digital specialists, or is turnover from the provision of SAP and engineering specialists, as well as turnover from affiliated companies (temporary staffing), also taken into account? | The minimum annual turnover of EUR 900,000 relates to services comparable to the subject matter of the tender. Turnover from SAP specialists may be included where the services fall within the IT and digital scope. Turnover from engineering specialists may only be included where the services are demonstrably comparable. Turnover from affiliated companies cannot be aggregated unless the bidder formally relies on the relevant company’s capacities in accordance with the tender conditions. |
| 7 | 08.10.2026 | The Framework Agreement uses wording such as "The Lender warrants ..." and "The Lender shall ensure ...". Are we correct in assuming that the use of these formulations is not intended to establish a guarantee (Garantie) or a guarantee-like strict liability independent of fault under German law, and that these formulations are to be understood as equivalent to "gewährleisten" (i.e. an obligation to use due care and to perform properly)? Please confirm. | The terms "warrants" and "shall ensure" are not intended to create an independent guarantee independent of fault ("verschuldensunabhängige Garantieübernahme" in accordance with sec. 276 of the German Civil Code). However, these terms are intended to establish binding contractual obligations of the Lender and should not be understood as merely requiring best efforts. The Lender remains responsible for duly performing and ensuring compliance with the contractual and legal requirements allocated to it under the Framework Agreement. |
| 8 | 08.10.2026 | Would it be possible to include in the Framework Agreement a limitation of the Lenders' liability to EUR 10 million for all bidders? Please confirm whether the Contracting Authority is willing to amend the Framework Agreement accordingly and, if so, to publish the amended wording for all bidders. | TSCNET does not intend to amend the Framework Agreement and therefore does not plan to introduce a liability cap of EUR 10 million or any other modification to the liability provisions. Please note that amendments to the procurement documents are only permitted where expressly marked. |
| 9 | 08.10.2026 | Are we correct in assuming that Section 10.1 of the Framework Agreement, in particular the obligation to detect, avoid and disclose potential conflicts of interest (e.g. when working on the same topic/project for other market participants), is not intended as a general non compete obligation, but rather as a project-specific protection (Projektschutz)? Could the Contracting Authority please specify any further criteria that determine when a conflict of interest within the meaning of Section 10.1 exists? | Section 10.1 is not intended to establish a general non-compete obligation restricting the Lender from providing services to other market participants. The purpose of this provision is to ensure transparency regarding actual or potential conflicts of interest that may arise in connection with the performance of the Services under a specific assignment or project. In particular, the Contracting Authority expects to be informed of situations that could reasonably give rise to concerns regarding independence, confidentiality, impartiality or the protection of sensitive project-related information. Whether a conflict of interest exists must be assessed on a case-by-case basis, taking into account the specific circumstances of the respective project and assignment. For this reason, Section 10.1 establishes primarily an obligation to identify, avoid where reasonably possible, and disclose actual or potential conflicts of interest. Disclosure does not automatically result in exclusion from the project or a prohibition to work for other market participants. Rather, it enables the Contracting Authority to assess the situation and determine whether any mitigating measures are required. |
| 10 | 12.10.2026 | Employee Leasing Permit – Timing of Submission Reference: Framework Agreement, Section 2 (Employee Leasing Permit) Could you please clarify whether the required employee leasing permit or registration must already be obtained and submitted as part of the tender, or whether it would be sufficient for the successful tenderer to obtain and provide the relevant permit or registration prior to the conclusion of the Framework Agreement? | The required employee leasing authorisation or equivalent registration must be evidenced as part of the tender submission. Tenderers are therefore requested to submit a copy of the applicable valid authorisation or registration together with Annex 3 to the Letter of Tender. For tenderers established outside Germany, an equivalent national authorisation or registration under the applicable law of the country of establishment may be submitted, where applicable. Where applicable law permits or requires the relevant authorisation or registration to be obtained only at a later stage, it must in any event be in place no later than the commencement of the Framework Agreement. Accordingly, it is not generally sufficient for a tenderer to postpone obtaining and providing an authorisation or registration that is already required and available under the applicable law until conclusion of the Framework Agreement. |
| 11 | 12.10.2026 | Employee Leasing Permit – Jurisdiction Reference: Framework Agreement, Section 2 (Employee Leasing Permit) Could you please confirm whether an employee leasing permit or registration issued in accordance with the applicable legislation of another EU Member State would be accepted for the purposes of this tender, or whether a permit specifically issued by the competent German authority pursuant to Section 1 of the German Temporary Agency Work Act (AÜG) is required? | Tenderers established in another EU member state may submit an equivalent national authorisation or registration issued under the applicable laws of the country in which they are established, provided that such authorisation or registration is applicable to the temporary agency work services concerned. Tenderers relying on such an equivalent national authorisation or registration shall submit the relevant evidence together with a brief explanation of the applicable legal basis as part of their tender. |
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[Seite 3]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 12 | 12.10.2026 | Company-Related References – Separate Projects under a Single Framework Agreement Reference: Bidding Conditions, Section IX.4.3 Could you please clarify whether multiple projects carried out for the same customer under a multi-year framework agreement, renewed annually and involving separate project-specific orders, may be submitted as individual company-related references? In particular, would such projects be considered separate references if they are clearly distinguishable in terms of their scope and delivery, and each independently meets the minimum requirement of 90 person-days? | Yes. Multiple projects performed for the same customer under a single framework agreement may be submitted as separate company-related references, provided that each project constitutes a clearly distinguishable assignment and independently fulfils all minimum requirements applicable to a reference under Section IX.4.3 of the Bidding Conditions. In particular, each reference must relate to the provision of temporary workers for activities relating to the IT sector, cover at least one temporary worker over a performance period of no less than ninety (90) person-days, and meet the applicable requirements regarding the reference period and minimum duration. The tenderer should describe each project separately and provide the required information in a manner that allows the Contracting Authority to clearly verify the scope, performance period, temporary worker(s) deployed and person- days attributable to each individual reference. |
| 13 | 12.10.2026 | Company-Related References – Time & Material Engagements References: Bidding Conditions, Section IX.4.3; Annex 5 to the Letter of Tender, Section 3 Could you please confirm whether references relating to IT services delivered under Time & Material (T&M) arrangements may be accepted as evidence of relevant experience in the provision of temporary workers? More specifically, would engagements involving dedicated IT professionals assigned to a customer, with remuneration based on the actual time worked, qualify as suitable references even if the underlying contractual arrangement was not formally classified as employee leasing, provided that all other minimum requirements are fulfilled? | Time & Material (T&M) engagements are not excluded as such. The contractual or remuneration model alone is not decisive. In accordance with Section IX.4.3 of the Bidding Conditions, a suitable reference must relate to the provision of temporary workers for activities relating to the IT sector and fulfil all other minimum requirements specified therein. Accordingly, references may be accepted where they demonstrate the provision of dedicated IT personnel to a customer in a manner comparable to the provision of temporary workers and satisfy all requirements of Section IX.4.3. References are not required to be based on an identical contractual structure, provided that the published minimum requirements are met. |
| 14 | 12.10.2026 | Eligibility of IT Service Revenue – Minimum Annual Turnover Requirement References: Bidding Conditions, Sections IX.2.1 and IX.4.1; Annex 4 to the Letter of Tender, Section 1 Thank you for your previous clarification that the minimum annual turnover requirement of EUR 900,000 relates to services comparable to the subject matter of the tender. In this context, could you please further clarify whether revenue generated from IT services delivered under Time & Material (T&M), IT outsourcing, and software testing service agreements may be included when demonstrating compliance with this requirement, even where such services were not formally provided under an employee leasing arrangement? | Revenue generated under Time & Material (T&M), IT outsourcing or software testing service agreements may only be taken into account for the minimum annual turnover requirement insofar as the underlying services relate to the supply of temporary workers for activities carried out in connection with IT or digital projects. The contractual or remuneration model as such is not decisive. However, revenue from IT services that do not involve the supply of temporary workers cannot be included solely because the services were provided on a Time & Material basis or concerned IT outsourcing or software testing. Tenderers shall therefore include only revenue attributable to activities falling within the specific field of activity defined in Sections IX.2.1 and IX.4.1 of the Bidding Conditions. |
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[Seite 4]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 15 | 12.10.2026 | Use of Subcontractors and Avoidance of Unlawful Chain Employee Leasing References: Bidding Conditions, Sections VIII.3 and X.3; Framework Agreement, Section 10.7; Individual Deployment Agreement, Annex 2 (Declaration on Avoidance of Chain Employee Leasing) Could you please clarify whether a tenderer is permitted to fulfil its contractual obligations by engaging personnel who are directly employed by subcontractors established in Hungary, rather than by the tenderer itself? If such an arrangement is permissible, we would appreciate further clarification on the specific legal and contractual conditions that must be met to ensure compliance with the prohibition of unlawful chain employee leasing (Kettenüberlassung). In particular, would the assessment of such an arrangement differ if the personnel perform their services remotely from Hungary, without being physically deployed to Germany? | The use of subcontractors is generally permitted in accordance with Sections VIII.3 and X.3 of the Bidding Conditions and the relevant provisions of the Framework Agreement, subject to compliance with all requirements applicable to subcontractors and the performance of the employee leasing services. Where personnel employed by a subcontractor are proposed for deployment, the contractual structure must comply with all applicable laws governing employee leasing, staff leasing, sub-leasing of personnel and comparable arrangements. In particular, the Lender must ensure that no unlawful chain employee leasing (Kettenüberlassung) occurs through the involvement of the subcontractor. Where required under the applicable law, the Declaration on Avoidance of Chain Employee Leasing provided as Annex 2 to the Individual Deployment Agreement must be submitted. TSCNET does not provide a general legal assessment of specific subcontracting, cross-border staffing or personnel deployment models. Tenderers remain responsible for ensuring that their proposed delivery model complies with all applicable legal requirements and the contractual provisions of the Procurement Documents. The same applies where personnel perform services remotely from another country. The fact that services are performed remotely does not, in itself, determine whether the applicable legal and contractual requirements are met. Compliance must be assessed in light of the specific factual and legal circumstances of the proposed arrangement. The use of a remote working model does not relieve the Lender of its obligation to comply with all applicable employee leasing laws and the requirements relating to the avoidance of unlawful chain employee leasing. |
| 16 | 12.10.2026 | Please confirm that the Lender’s aggregate liability under the Framework Agreement is limited to a reasonable contractual liability cap, except for mandatory statutory liabilities. | Liability cap No. The Procurement Documents do not provide for a general aggregate liability cap for the Lender. The liability regime shall apply as set out in the Framework Agreement and applicable mandatory law. |
| 17 | 12.10.2026 | Please confirm that the indemnification obligations are limited to losses directly resulting from the Lender’s own breach of applicable law or contractual obligations. | Indemnification obligations No general limitation of the indemnification obligations beyond the provisions expressly set out in the Framework Agreement is confirmed. The indemnification obligations applicable under the Framework Agreement, as well as their scope, conditions and exceptions, are expressly regulated in the relevant contractual provisions and shall apply as drafted. |
| 18 | 12.10.2026 | Please clarify which objective circumstances are generally regarded as justified reasons for declining a Call-Off Request. | Justified reasons for declining a Call-Off Request Section 5.7.2(b) of the Framework Agreement already addresses this question. It provides that the Lender must set out the specific objective reasons why it is unable, despite reasonable efforts, to identify and provide a suitable Temporary Worker. The provision also contains examples of such objective reasons and clarifies which circumstances do not qualify. |
| 19 | 12.10.2026 | Please confirm that replacement obligations are subject to reasonable market availability and realistic mobilisation periods. | Replacement obligations Please refer to Sections 5 and 11 of the Framework Agreement. The Framework Agreement already sets out the applicable timeframes for identifying and proposing suitable Temporary Workers under the call-off procedure. In addition, replacement obligations are expressly stated to be subject to availability. |
| 20 | 12.10.2026 | Please confirm that the contractual penalty under Section 11.3 constitutes TSCNET’s exclusive remedy for delays in personnel provision. | Contractual penalty No. The contractual penalty under Section 11.3 does not constitute TSCNET’s exclusive remedy. Any contractual penalty paid shall be credited against damages claimed for the same delay. |
| 21 | 12.10.2026 | Please confirm whether either Party may terminate the Framework Agreement for convenience after a minimum contract term. | Termination for convenience No. The Framework Agreement has a term of four (4) years and does not provide for ordinary termination for convenience after a minimum contract term. The right of either Party to terminate for good cause remains unaffected. Individual Deployment Agreements are subject to their separate termination provisions. |
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[Seite 5]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 22 | 12.10.2026 | Please confirm that extraordinary transition, migration or knowledge-transfer efforts may be agreed and compensated separately where they exceed standard onboarding activities. | Transition, migration and knowledge-transfer efforts The agreed daily rates include all costs and effort associated with enabling Temporary Workers for the ordered services, including recruitment, administrative preparation, internal briefing, training, task familiarisation and onboarding of replacement personnel. No separate onboarding, mobilisation, handover, standby or availability fee is payable. Changes to scope, required quality, timing, working model, dependencies or deployment conditions that may affect cost, effort or schedule are subject to the Change Request procedure. Accordingly, no general entitlement to separate compensation for transition, migration or knowledge-transfer activities is confirmed. |
| 23 | 12.10.2026 | Please clarify how the requirement for an ISO/IEC 27001 certification of the staffing provider relates to the subject matter of the contract and whether equivalent organisational and information security measures may be considered. | The ISO/IEC 27001 certification requirement is directly related to the subject matter and performance conditions of the contract. Temporary workers provided under the Framework Agreement may perform services remotely using supplier-managed devices and infrastructure and may have access to TSCNET systems, information and data. Given TSCNET’s critical-infrastructure environment, an appropriately managed and independently certified information security framework is therefore considered necessary for the performance of the services. The requirement for a valid ISO/IEC 27001 certification remains a mandatory eligibility criterion and cannot be replaced by alternative or allegedly equivalent organisational, technical or information security measures. ISO/IEC 27001 certification provides independent verification by an accredited third party that the tenderer’s Information Security Management System has been assessed against a recognised international standard. While other security policies, controls, governance structures, audits and technical or organisational measures may contribute to an effective information security framework, they cannot be accepted in lieu of the required certification. Accordingly, the requirement for a valid ISO/IEC 27001 certificate remains unchanged. |
| 24 | 14.10.2026 | Working from outside the EU Annex 2 to the Framework Agreement men ons "EU-based delivery". Should the assigned employees be EU-based? Is this a strict requirement? | No. “EU-based delivery” should not be understood as a strict requirement that assigned personnel must be EU citizens or EU residents. Personnel may be located outside the EU, provided that the Contractor can ensure full compliance with all contractual requirements, including applicable employee leasing, labour, immigration, social security, data protection, confidentiality and information security obligations. In this context, any staffing model must also be covered by the Contractor’s ISO/IEC 27001-certified information security management system and its applicable controls. The Contractor remains responsible for demonstrating that the proposed personnel can lawfully and securely perform the services in accordance with the Framework Agreement. Personnel will not be excluded solely based on their location outside the EU. However, any proposed personnel must meet all contractual, legal, security and information security requirements applicable to the assignment. |
| 25 | 14.10.2026 | Work in the Munich office Is 100% remote work possible? If it’s presupposed that the assigned personnel should work with TSCNET partially (100% remote work is not possible), how often and for how long would testers need to come to the Munich office? What activities are expected to be performed by testers at the Munich office? Should travel and accommodation costs be included in the daily rate, or are they reimbursed with prior approval? | The services are intended to be performed primarily remotely. Attendance at the Lender's premises may occasionally be required for project-related meetings, workshops, reviews or similar activities. No regular on-site presence at either TSCNET's premises is expected. Travel and accommodation costs associated with required on-site attendance shall be treated in accordance with the remuneration and expense provisions of the Framework Agreement. No separate reimbursement should be assumed unless expressly provided for or agreed in accordance with the contractual provisions. |
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[Seite 6]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 26 | 14.10.2026 | Which revenue and references count Do revenue and projects where we provided IT specialists to clients on a time-and-material basis, staff augmentation on or dedicated team, count as "supply of temporary workers for activities carried out in connection with IT or digital projects" (Sections IX.2.1, IX.4.1 and IX.4.3)? | Time & Material (T&M) engagements are not excluded as such. The contractual or remuneration model alone is not decisive. In accordance with Section IX.4.3 of the Bidding Conditions, a suitable reference must relate to the provision of temporary workers for activities relating to the IT sector and fulfil all other minimum requirements specified therein. Accordingly, references may be accepted where they demonstrate the provision of dedicated IT personnel to a customer in a manner comparable to the provision of temporary workers and satisfy all requirements of Section IX.4.3. References are not required to be based on an identical contractual structure, provided that the published minimum requirements are met. |
| 27 | 14.10.2026 | Sector of references The Bidding Condi ons (IX.4.3) ask for references in the "IT sector", but the Annex 5 form says "energy sector". Which one is correct? | IT sector is correct. |
| 28 | 14.10.2026 | Contract negotiation Could you please confirm whether amendments to the standard contract template will be permitted during the negotiation stage? In line with common practice for professional services agreements, we would like to propose a mutual non-solicitation clause covering personnel engaged in the project, and a limitation of liability clause capping each party’s aggregate liability at a reasonable level (e.g., the total contract value). Please also advise whether such proposals should be included in the bid submission or raised during negotiations. | The procedure is conducted as an open procedure and does not include a negotiation stage. Tenders must therefore be submitted in their final form. Please note that changes or additions to the procurement documents are generally not permitted and may result in exclusion from the procedure. Only those additions expressly allowed in the designated forms and annexes of the procurement documents may be submitted. |
| 29 | 14.10.2026 | Licence not yet issued at submission Section IX.1.1 says the licence must be in place by the start of the Framework Agreement, but also asks for a copy of the licence in Annex 3. If our licence application is still in progress at the submission deadline, can we still submit a tender? What document should we submit instead (for example, proof of applicationn and a written commitment to have the licence by the start date)? Which status should we select in Annex 8 (Offer Summary, "Employee leasing permit / registration")? | The employee leasing permit / registration constitutes a suitability requirement under Section IX.1.1 of the Bidding Conditions. Tenderers are required to hold a valid permit or registration and to submit evidence thereof with their tender as part of Annex 3. A pending application and proof of application are therefore not sufficient. Tenderers must indicate their actual status in Annex 8 and may only confirm the existence of a permit or registration if it has already been issued. |
| 30 | 14.10.2026 | Pay of comparable TSCNET employees and salary growth If 100% remote work is not possible, then we need to obtain a German AÜG licence and equal salary rules will apply. To calculate our daily rates in line with equal pay requirements, we need to understand the pay of comparable TSCNET employees. Can you share an indicative annual salary range, the main benefits and the number of vacation days for comparable employees in the Manual Tester and Test Automation Specialist profiles? What has been the average annual salary increase for these comparable employees over the last five years? This will help us set our rates for Years 2 and 3. | The services are intended to be performed primarily remotely. Attendance at the Lender's premises may occasionally be required for project-related meetings, workshops, reviews or similar activities. No regular on-site presence at either TSCNET's or the Lender's premises is expected beyond such occasions. The requested information relates to internal employment conditions and remuneration structures of TSCNET and is not part of the procurement documents. No further information will be provided. |
| 31 | 14.10.2026 | Rates after Year 3 Annex 8 asks for rates for Years 1-3, but the Framework Agreement has a term of 4 years (Section 16.1) and the EU notice mentions 36 months plus up to two 12-month extensions. What is the contract term, and which rates apply after Year 3? | The contract term is 3 years; the Framework Agreement will be corrected upon signing the contract. |
| 32 | 14.10.2026 | Submission deadline time zone The Bidding Conditions state 30 October 2026, 11:00 (UTC+02:00), while the EU notice states 11:00 (UTC+01:00). On 30 October Germany is on CET (UTC+01:00). Which time applies? | The applicable submission deadline is 30 October 2026, 11:00 CET (UTC+01:00). The reference to UTC+02:00 in the Bidding Conditions is an editorial error. On 30 October 2026, the applicable local time in Germany is CET (UTC+01:00), consistent with the EU notice. Accordingly, tenders must be submitted by 30 October 2026, 11:00 CET (UTC+01:00). |
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[Seite 7]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 33 | 14.10.2026 | Minimum volume Annex 5 to the Framework Agreement labels the estimated person-days as "Contractual Minimum Volume", but Section 1.4 of the Framework Agreement says there is no minimum purchase obligation. Is there a binding minimum volume? | No. There is no binding minimum purchase volume. The person-day volumes set out in Annex 5 reflect TSCNET’s current non-binding planning assumptions regarding the anticipated demand under the Framework Agreement. They are provided for information and tender preparation purposes only. The actual demand will depend on the specific projects, testing activities and Call-Off Requests arising during the term of the Framework Agreement and therefore cannot be determined in advance. As expressly stated in Section 1.4 of the Framework Agreement, TSCNET does not undertake to purchase any minimum quantity of services or person-days. Accordingly, the figures in Annex 5 do not constitute a minimum purchase commitment. The term “Contractual Minimum Volume” should be understood as referring to the currently estimated planning volume and will be clarified accordingly. |
| 34 | 14.10.2026 | Quality score Section XI.1 of The Bidding Conditions states a maximum of 40 points for Quality, but Section XI.4.2 mentions a maximum of 30 points. Please confirm the maximum is 40 points. | Confirmed. The maximum score for the Quality criterion is 40 points. The reference to a maximum of 30 points in Section XI.4.2 of the Bidding Conditions is an editorial error. The correct maximum score for Quality is 40 points, as stated in Section XI.1. The evaluation will therefore be conducted on the basis of a maximum of 40 Quality points. |
| 35 | 14.10.2026 | Price scoring formula Section XI.4.1 of The Bidding Conditions. a. The clause awards maximum points to the lowest net daily rate, but sets the zero-point threshold for gross daily rates equal to or exceeding twice the lowest net daily rate. Is the reference to gross rates a drafting error, i.e. should the zero-point threshold apply to net daily rates equal to or exceeding twice the lowest net daily rate?If the reference to gross rates is intentional, please specify how VAT will be applied for tenderers invoicing under the reverse charge mechanism. | Yes. The reference to gross daily rates in Section XI.4.1 is a drafting error. The price evaluation is based exclusively on net daily rates. Accordingly, the maximum price score is awarded to the lowest net daily rate, and a tendered net daily rate equal to or exceeding twice the lowest net daily rate receives zero points in accordance with the scoring methodology set out in Section XI.4.1. VAT is therefore not taken into account for the price evaluation, and no distinction is made for this purpose between tenderers applying domestic VAT and tenderers invoicing under the reverse charge mechanism. The reference to “gross daily rates” shall be understood as “net daily rates.” |
| 36 | 14.10.2026 | Price scoring formula Section XI.4.1 of The Bidding Conditions. b. The clause refers to daily rates, but states that interpolation will be made in proportion to the lowest net hourly rate. Is this also a drafting error, i.e. will the evaluation be based solely on net daily rates? | Yes. The reference to the lowest net hourly rate in Section XI.4.1 is a drafting error. The price evaluation will be based solely on the net daily rates submitted by the tenderers. Accordingly, the interpolation will also be calculated in proportion to the lowest net daily rate. The reference to “lowest net hourly rate” shall therefore be understood as “lowest net daily rate. |
| 37 | 14.10.2026 | Price scoring formula Section XI.4.1 of The Bidding Conditions. c. How many hours consitute one working day? | One workday consists of 8 hours. |
| 38 | 14.10.2026 | Commercial register extract The Bidding Conditions (IX.1.2) and Annex 3 require an extract not older than 3 months, while Annex 9 says not older than 12 months. Please confirm that one extract not older than 3 months is sufficient for both. | An extract issued within the last three months is sufficient for both purposes. |
| 39 | 14.10.2026 | Price Schedule file The documents include Annex_8_to_LoT_Price_Schedule.xlsx, BIETER_LV_416410.xlsx and Annex_8_to_LoT_Price_Schedule.docx. Which file(s) must be submitted? Should the file name start with "20260910_" as stated in the instructions? | Tenderers shall complete and submit Annex 8 to the Letter of Tender – Price Schedule in its original .xlsx format. The additional files do not need to be submitted as separate price schedules. The completed file should be named in accordance with the naming convention stated in the instructions: 20260910_[TendererLegalName]Annex_8_Price_Schedule.xlsx Accordingly, the prefix “20260910” should be retained. When submitting a bid, the procurement platform also requires that prices be entered into an online form; please be sure to fill this out as well. |
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[Seite 8]
Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 40 | 14.10.2026 | Licence for a company established outside of Germany (in the EU) If the companies that employs the testers are established outside of Germany (in the EU thought) and the testers work from those locations, which license or registration will you accept as proof under Section IX.1.1: a German AUG license, a local (Poland, Latvia) registration as a temporary work agency, or both? | For personnel deployed from outside Germany, the Contracting Authority will accept the permit, licence, registration or other authorisation required under the applicable laws governing the respective deployment model. The Contracting Authority does not require a German AÜG licence where German law is not applicable or does not require such a licence. It is the Contractor's responsibility to ensure compliance with all applicable local employee leasing, labour, immigration and social security requirements and to hold and maintain any required authorisations. The Contracting Authority cannot provide legal advice regarding licensing or registration requirements under individual national laws. |
| 41 | 14.10.2026 | Bidding as a consortium If we bid as a consortium, is it correct that only the member that employs the testers needs the licence, and that the turnover, references and ISO 27001 certificate can come from another member — lead member (Section X.1)? Does the ISO 27001 certificate also need to cover the member that employs the testers, if those are affiliated companies? | No. The ISO 27001 requirement applies to each consortium member individually. |
| 42 | 14.10.2026 | Billing of onboarding days Section VI.3.2 of the Bidding Conditions says onboarding costs are included in the daily rate. Does this mean that days spent on onboarding at the start of an assignment are not billable, or all worked days (including onboarding) are billable? | Onboarding days are not billable. Any onboarding costs are considered included in the agreed daily rate. |
| 43 | 14.10.2026 | Probationary period If we offer the 20-working-day probationary period (Letter of Tender, item 8) and a tester is recalled during this period, will the days already worked by that tester be paid? | Yes. If a tester is recalled during the probationary period, the days already worked will be paid. |
| 44 | 14.10.2026 | Length of assignments What is the expected typical length of an assignment, and how long are the expected gaps between test phases for the same project? Are assignments expected to be full-time (40 hours per week)? | TSCNET does not provide forecasts or internal planning assumptions beyond the published procurement documents. |
| 45 | 14.10.2026 | First call-offs When do you expect the first Call-Off Requests, and how many testers per profile do you expect to request at the start? | TSCNET does not provide forecasts or internal planning assumptions beyond the published procurement documents. |
| 46 | 14.10.2026 | Overtime and on-call work Do you expect overtime, weekend work or on-call duty? If so, how will this be billed, given that the daily rate covers 8 hours? | No overtime, on call work, weekend work, or work on holidays is expected. Therefore, no separate billing arrangements apply. |
| 47 | 14.10.2026 | Public holidays Which public holiday calendar applies to remote testers: the calendar of the country where they work, or the Bavarian calendar? | Public holidays are generally determined by the mandatory employment laws applicable to the respective deployment model and place of work. The German Working Time Act (Arbeitszeitgesetz) and German public holiday laws generally apply only to work performed within the territory of Germany. In the case of cross-border remote work, the applicable public holiday regime is therefore generally determined by the locally applicable law at the Temporary Worker’s place of work. The Contracting Authority cannot provide legal advice regarding the public holiday, labour law or employee leasing requirements of individual jurisdictions. The Contractor remains responsible for ensuring compliance with all applicable local legal requirements. |
| 48 | 14.10.2026 | Security screening Will testers need any security or background checks before starting work? If so, which checks, how long do they take, and who bears the cost? Are there any restrictions based on nationality? | Security or background checks were not specified in the bidding conditions and are therefore not required. |
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Questions and answers to Temporary staffing for software testing personnel tender
| # | Date | Questions from Applicants | Answers from TSCNET |
|---|---|---|---|
| 49 | 14.10.2026 | Tools and access Which software licences, test tools and access (for example VPN) will TSCNET provide, and which must the Lender provide? Are there specific security requirements for the Lender's devices? | The Lender must provide the Microsoft Windows 11 operating system. ISO 27001 certification demonstrates compliance with the standard’s requirements. Managed devices must meet the applicable security requirements. |
| 50 | 14.10.2026 | German language Do you expect any assignments to require German language skills in addition to English B2+? | Assignments require English language skills at B2 level or higher. German language skills are not generally required. |
| 51 | 14.10.2026 | Reference contact details If a reference client does not allow us to disclose contact details due to confidentiality, is a signed reference letter from the client acceptable instead? | Yes. Where a reference client does not permit disclosure of direct contact details, a signed reference letter may be submitted instead. The reference letter must contain sufficient information to allow TSCNET to assess compliance with the applicable reference requirements. TSCNET reserves the right to request additional evidence or clarifications where reasonably necessary to verify the information provided. |
| 52 | 14.10.2026 | Annex 9 for consortium members Must each consortium member submit its own Business Partner Screening Questionnaire (Annex 9)? | Yes. Each consortium member must submit a separate Business Partner Screening Questionnaire (Annex 9). As part of its compliance and business partner due diligence processes, the Contracting Authority is required to identify and assess each individual legal entity involved in the performance of the contract. Therefore, the information must be provided separately for each consortium member. |
| 53 | 14.10.2026 | Insurance in a bidding consortium In a bidding consortium, is it sufficient if one consortium member (the lead member) holds professional liability insurance meeting the requirements of Section IX.4.2, provided that the policy covers the services performed under the Framework Agreement, including services performed by the employees of another consortium member? | In the case of a bidding consortium, it is not required that each consortium member maintains a separate professional or business liability insurance policy, provided that the insurance coverage presented by the consortium meets all requirements set out in Section IX.4.2 of the Bidding Conditions and covers the entire contractual performance of the consortium. Accordingly, insurance held by the lead member may be sufficient if the policy demonstrably covers the services and associated liabilities arising from the performance of the Framework Agreement, including services performed by the other consortium member(s) and their employees. The bidding consortium must provide appropriate evidence demonstrating that the required insurance coverage extends to the entire contractual performance of the consortium and meets the required coverage amounts and conditions for the entire contractual period. If the insurance policy of the lead member does not provide such coverage, the relevant consortium member(s) must provide appropriate additional insurance coverage. |
| 54 | 14.10.2026 | Delays caused by TSCNET If a tester starts on the agreed date but cannot work because TSCNET has not provided access, equipment approvals or tasks, will these days be paid? Section VI.3.3 of the Bidding Conditions excludes standby fees, but it is not clear whether this applies to delays caused by TSCNET. | Yes, such days will be paid by TSCNET. |
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