Bidding Conditions.pdf

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EU Tender “Temporary staffing for software testing personnel”

EU Tender “Temporary staffing for software testing personnel”

Award no. 20260922

BIDDING CONDITIONS

Expiry of the submission period: Friday, 30 October 2026 11:00 AM (UTC+02:00)

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Table of Contents

I. INTRODUCTION .............................................................................................................. 5

II. SUBJECT MATTER OF THE CONTRACT .............................................................................. 6

III. PROCUREMENT DOCUMENTS ......................................................................................... 8 IV. TENDERER QUERIES .......................................................................................................10 V. OVERVIEW AND INFORMATION ON THE AWARD PROCEDURE ........................................10

VI. ELEMENTS OF THE TENDER ............................................................................................12

VII. REQUIREMENTS FOR TENDER SUBMISSION ...................................................................14

VIII. BIDDING CONSORTIUMS, RELIANCE ON THE RESOURCES OF OTHER UNDERTAKINGS AND SUBCONTRACTORS ...............................................................................................16

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IX. PROOF OF SUITABILITY...................................................................................................17

1.1 Authorisation/Registration to Provide Temporary Agency Work ................................. 17

1.2 Registration in a Commercial or Professional Register ............................................... 18

2.1 Specific Annual Turnover ................................................................................................ 18

2.2 Professional or Business Liability Insurance ................................................................ 19

3.1 Company Presentation ................................................................................................... 19

3.2 Company-related References ........................................................................................ 20

3.3 Personnel Capacity ......................................................................................................... 21

3.4 Information Security Management ................................................................................ 21

4.1 Specific Annual Turnover ................................................................................................ 22

4.2 Professional or Business Liability Insurance ................................................................ 22

4.3 Company-related References ........................................................................................ 22

4.4 Personnel Capacity ......................................................................................................... 22

4.5 Information Security Management ................................................................................ 23

5.1 Grounds for Exclusion under § 123 GWB and § 124 GWB ........................................... 23

5.2 Reasons for Exclusion of Ancillary Procurement Law ................................................. 23

5.3 Self-cleaning in Accordance with § 125 GWB ............................................................... 23

5.4 Exclusion and Self-cleaning in the Event of a Breach of the Obligation to Pay Taxes, Duties and Social Security Contributions ................................................................................. 24

X. PROOF OF SUITABILITY WITH BIDDING CONSORTIUMS, SUBCONTRACTORS AND RELIANCE ON THE CAPACITIES OF OTHER UNDERTAKERS ..............................................25

XI. AWARD CRITERIA AND EVALUATION ...............................................................................27

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3.1 Performance Quality ....................................................................................................... 28

3.2 Quality of the Concepts .................................................................................................. 29

3.2.1 Quality of Contingency and Replacement Concept ............................................. 29

3.2.2 Quality of Quality Assurance Concept for Candidate Selection ......................... 30

4.1 Tender Price ..................................................................................................................... 32

4.2 Quality of the Tender ....................................................................................................... 32

4.2.1 Performance Quality ............................................................................................... 32

4.2.2 Quality of Contingency and Replacement Concept ............................................. 33

4.2.3 Quality Assurance Concept for Candidate Selection .......................................... 33

4.3 Grading scale ................................................................................................................... 33

4.4 Overall Evaluation ........................................................................................................... 33

XII. CONFIDENTIALITY ..........................................................................................................34 XIII. COMPLAINT AND REVIEW PROCEEDINGS ......................................................................35

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I. INTRODUCTION

Contracting Authority

The Contracting Authority for the procurement procedure is:

TSCNET Services GmbH Weihenstephaner Strasse 9 81673 Munich Germany.

TSCNET Services GmbH (“TSCNET”) serves as a Regional Coordination Centre for the Central European System Operation Region, established by its shareholder Transmission System Operators to ensure cross-border operational planning, risk management, and coordination in accordance with applicable EU network codes and methodologies. TSCNET operates in a sector belonging to critical infrastructure, requiring the highest standards of confidentiality, information security, and data protection.

For further information on the Contracting Authority, please visit the website of TSCNET (www.tscnet.eu).

EU Notice

The contracting authority published the tender procedure on https://deutsche-evergabe.de by sending the EU contract notice to the Supplement to the Official Journal of the European Union in accordance with § 35(2) SektVO.

Purpose of this Document

These Bidding Conditions are an integral part of the procurement documents, which are available to interested economic operators free of charge, without restriction, in full and directly. They specify the information on the competition contained in the EU announcement, in particular the eligibility requirements for tenderers, the award criteria and their evaluation, and the formal requirements applicable to tender submission. They contain, in particular, information on the forms to be used and the evidence and concepts to be submitted with the tender, including the Letter of Tender, its Annexes 1 to 9 and the concepts Annex K1 and Annex K2.

On the basis of these procurement documents, all interested economic operators are invited to submit a tender in accordance with § 14(1) SektVO.

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II. SUBJECT MATTER OF THE CONTRACT

Subject Matter of the Contract

In connection with the fulfilment of its operational mandate, TSCNET procures qualified personnel through public procurement procedures conducted at EU level.

The subject matter of the present procurement procedure is the conclusion of a Framework Employee Leasing Agreement (§ 19 SektVO) for the provision of temporary agency work (Arbeitnehmerüberlassung) services in accordance with the German Act on Temporary Agency Work (Arbeitnehmerüberlassungsgesetz, "AÜG"), respectively the applicable local laws on temporary agency work. The temporary workers to be provided shall perform services in the field of Software Testing.

The temporary workers shall meet the following two (2) Personnel Profiles with regard to their experience and qualifications. Each Personnel Profile is intended to cover specific tasks.

A comprehensive description of the specific areas of responsibility and the requirements applicable to the respective Personnel Profiles is set out in the Software Testing Service Description (Annex 2 to the Framework Agreement), which forms part of the procurement documents.

Contract Partners

Two Lenders that submitted the most economically advantageous tenders in accordance with the evaluation criteria set out in this document shall be admitted as contracting parties to the Framework Agreement. The Lender that submitted the most economically advantageous tender is designated as the Preferred Partner, and the Lender that submitted the second most economically advantageous tender is designated as the Secondary Partner.

The conclusion of the Framework Agreement does not itself commission any Temporary Worker or specific service or payment obligations for the Parties. Each deployment shall be commissioned separately through a Call-Off Request and an Individual Deployment Agreement in accordance with Section II.3 and the Framework Agreement.

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Call-Off Procedure (Cascading Mechanism)

3.1 Individual assignments of Temporary Workers are commissioned by means of separate Individual Deployment Agreements issued on the basis of the Framework Agreement, following a cascading call-off procedure:

1. The Preferred Partner shall in all cases be approached first with any Call-Off Request for the relevant Personnel Profile.

2. The Secondary Partner may only be approached if the Preferred Partner has confirmed its inability to fulfil the Call-Off Request.

3. If none of the existing contracting parties is able to fulfil the Call-Off Request, TSCNET is entitled to forward the Call-Off Request, in accordance with public procurement law, to third parties to provide the required temporary work services.

3.2 Neither the Framework Agreement nor any forecast provided by TSCNET creates an obligation for a Lender to reserve named personnel between deployments, and no standby or availability fee or other remuneration shall be payable unless expressly agreed in an Individual Deployment Agreement.

3.3 Monthly Resource Planning and Forecasts

TSCNET plans to conduct monthly resource-planning meetings and/or resource-planning alignment meetings whenever new information becomes available with the Lenders. The resource-planning shall provide detailed visibility for the following month and an indicative non-binding visibility for the following quarter. Such forecasts are non-binding and do not constitute a Call-Off Request, an Individual Deployment Agreement, a minimum purchase obligation or a reservation of resources.

Exclusivity of Call-Off Rights

Individual Deployment Agreements are placed exclusively by TSCNET. No other entities are authorised to call off employee leasing services under this Framework Agreement.

No Minimum Purchase Obligation

TSCNET commits only to the Minimum Volume expressly stated in Annex 5 to the Framework Agreement for the entire contractual term of the Framework Agreement. Except for that Minimum Volume, estimates, forecasts and profile-level distributions do not create a purchase obligation. The aggregate Maximum Volume stated in Annex 5 shall not be exceeded except where permitted by applicable procurement law and explicitly agreed in writing between the Parties. The decision to issue a Call-Off Request, and the timing thereof, is at TSCNET's sole discretion.

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III. PROCUREMENT DOCUMENTS

The procurement documents contain all the information necessary to enable the tenderer to make a decision whether to submit a tender.

Tenderers must check the documents for completeness immediately after they have been retrieved and immediately inform the Contracting Authority of missing or illegible documents.

If, in the opinion of the tenderer, the documents contain ambiguities, incompleteness and / or errors, the Contracting Authority must be informed without delay, but no later than the deadline for tenderer questions specified in Section IV.

The Procurement Documents consist of the following:

a. These Bidding Conditions, together with the annexes:

• Form "Letter of Tender";

• Form "Bidding Consortium" (Annex 1 to the Letter of Tender);

• Form "Reliance on the Capacities of Other Undertakings" (Annex 2 to the Letter of Tender);

• Form "Qualification and Permission to Practice a Profession" (Annex 3 to the Letter of Tender);

• Form "Economic and Financial Capacity" (Annex 4 to the Letter of Tender);

• Form "Technical and Professional Capacity" (Annex 5 to the Letter of Tender);

• Form "Reasons for Exclusion and Self-cleaning Measures" (Annex 6 to the Letter of Tender);

• Form "Self-declaration to the Sanctions Regulation" (Annex 7 to the Letter of Tender);

• Form "Price Schedule" (Annex 8 to the Letter of Tender);

• Form “Business Partner Screening Questionnaire” (Annex 9 to the Letter of Tender);

• Concept Evaluation Matrix (Annex 1 to the Bidding Conditions)

b. The Contract Documents, consisting of

• the Framework Agreement with the following Annexes

• Contracting Parties — Allocation and Status as Preferred Partner or Secondary Partner (Annex 1 to the Framework Agreement)

• Scope of Work / Personnel Profile Descriptions – Qualifications, Experience and Requirements (Annex 2 to the Framework Agreement)

• Respective Lender’s Offer Including Price Sheets (Annex 3 to the Framework Agreement)

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• Form for Individual Deployment Agreement (Annex 4 to the Framework Agreement)

• Estimated and Maximum Framework Volume (Annex 5 to the Framework Agreement)

The information contained in the procurement and contract documents is the property of the Contracting Authority in accordance with the statutory provisions. The copying and forwarding of the documents shall only be permitted within the scope of the preparation and submission of a tender.

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IV. TENDERER QUERIES

Any queries relating to the procurement documents or the procurement procedure must be directed to the Contracting Authority exclusively via the procurement platform at https://deutsche-evergabe.de.

Registration on the platform is required for this purpose. Once registration has been completed, the Contracting Authority will send responses to tenderers' queries and any other communications to the registered electronic address.

Queries may be submitted until:

Tuesday, 20 October 2026 11:00 AM (UTC+02:00)

Responses to questions that are material to the preparation of tenders will be communicated simultaneously to all registered interested parties in anonymised form. Interested economic operators are required to check https://deutsche-evergabe.de on a regular basis for newly published responses to tenderers' questions and for any other communications issued by the Contracting Authority.

Any further information provided to tenderers in the course of this procedure – including the Contracting Authority's responses to tenderers' questions and any other written notices – must be taken into account when preparing a tender, in the same manner as the procurement documents themselves. Where responses or notices issued by the Contracting Authority supplement, clarify, or amend the procurement documents, they shall take precedence over the procurement documents.

V. OVERVIEW AND INFORMATION ON THE AWARD PROCEDURE

Open Procedure

This procurement is conducted as an open procedure in accordance with § 14 SektVO.

All interested economic operators may submit a tender directly. Eligibility and award criteria are evaluated in a single stage based on the submitted tenders; there is no separate pre-qualification or application phase.

No Variant Tenders

Variant tenders are not permitted.

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Preliminary Dates and Deadlines of the Procurement Procedure

The following overview lists all relevant dates and deadlines within the procurement procedure.

The dates and deadlines given in the overview are the current planning of the Contracting Authority. The Contracting Authority reserves the right to adjust the dates/deadlines in the course of the procurement procedure.

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Electronic Procurement

The award procedure is conducted electronically via https://deutsche-evergabe.de.

All procedure-related communication, the provision of the procurement documents and the fillable forms as well as the submission of tenders are carried out exclusively via https://deutsche-evergabe.de.

Language

Tenders must be submitted in English. All communication with the Contracting Authority must also be conducted in English.

If foreign-language evidence or documents are submitted with the tender, certified translations in English must be attached to the relevant documents.

No Reimbursement of Costs

The Contracting Authority does not grant any reimbursement of costs for the preparation and submission of tenders.

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VI. ELEMENTS OF THE TENDER

The complete tender to be submitted by tenderers must mandatorily include the following documents:

• the form “Letter of Tender” to be completed by the tenderer, along with the accompanying annexes:

• the forms to be completed by the tenderer to demonstrate eligibility/suitability:

• where applicable, the form "Bidding Consortium" (Annex 1 to the Letter of Tender);

• where applicable, the form "Reliance on the capacities of other undertakings" (Annex 2 to the Letter of Tender);

• the form "Qualification and Permission to Practice a Profession" (Annex 3 to the Letter of Tender), supplemented by the tenderer's own annexes necessary;

• the form "Economic and Financial Capacity" (Annex 4 to the Letter of Tender), supplemented by the tenderer's own annexes necessary;

• the form "Technical and professional capacity" (Annex 5 to the Letter of Tender), supplemented by the tenderer's own annexes necessary;

• the form "Reasons for exclusion and self-cleaning measures" (Annex 6 to the Letter of Tender);

• the form "Self-declaration to the Sanctions Regulation" (Annex 7 to the Letter of Tender);

• the form "Price Schedule" (Annex 8 to the Letter of Tender).

• Form “Business Partner Screening Questionnaire” (Annex 9 to the Letter of Tender).

• the concept for Contingency and Replacement Concept to be prepared by the tenderer (Annex K1);

• the concept for Quality Assurance Concept for Candidate Selection to be prepared by the tenderer (Annex K2).

The further documents referred to in the tender letter will also form essential parts of the tender. However, tenderers may not supplement these documents in the course of preparing their tender. It is therefore not necessary to enclose these documents separately with the tender letter.

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Letter of Tender

The attached form “Letter of Tender” must be used as the tender document. This must be completed in full and submitted electronically via the procurement platform https://deutsche-evergabe.de.

The tender must also state whether, in the event of the contract being awarded, it is intended to subcontract parts of the services. If this is the intention, the nature of the service and the subcontractor(s) must be identified. For further details regarding the intended use of subcontractors, see Sections VIII.3 and X.3 of these bidding conditions.

Forms to Demonstrate Eligibility/Suitability

To demonstrate suitability, the tenderer must — where applicable — complete the form templates Annexes 1 and 2 and is in all cases required to complete the form templates Annexes 3 to 7, in accordance with the requirements set out in the form templates and these tender conditions. Where required and provided for in the form templates, these must be supplemented by the tenderer's own annexes. The form templates, together with any additional annexes, must be submitted electronically via the procurement platform https://deutsche-evergabe.de.

For the requirements regarding suitability and further details, reference is made to Section IX of these Bidding Conditions.

Price Schedule

3.1 Tenderers must use the "Price Schedule" form (Annex 8) to submit their tender price. The form must be completed in full in respect of all information requested the tenderer intends to submit a tender.

3.2 The offered daily rates must include all recruitment, mobilisation, administrative preparation, internal briefing and onboarding or other training and task familiarization costs and effort, including onboarding and knowledge-transfer costs for the substitution of personnel (“blended daily rates”).

3.3 No separate onboarding, mobilisation, handover, standby or availability fee may be charged.

3.4 The completed form must be submitted electronically via the procurement platform at https://deutsche-evergabe.de.

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Concepts

Tenderers shall prepare substantive concepts in accordance with the quality requirements set out in Section XI.2, which they shall enclose with their tender as separately prepared Annexes K1 and K2.

Each concept may not exceed a maximum of 5 DIN A4 pages (font size 12, Arial typeface, line spacing 1.3), including any illustrations.

The content set out in the concepts shall be formulated as bindingly as possible, meaning that they must establish concrete performance obligations of the tenderer in the event of contract award.

The quality of concepts K1 and K2 will be assessed and scored in accordance with Section XI.

The detailed evaluation methodology, topic areas, scoring levels, point allocation and weighting applicable to Annex K1 and Annex K2 are set out in the Evaluation Matrix (Annex 1 to the Bidding Conditions), which forms an integral part of the procurement documents.

VII. REQUIREMENTS FOR TENDER SUBMISSION

Submission Deadline and Form Requirements

The tender must be submitted by no later than

Friday, 30 October 2026 11:00 AM (UTC+02:00)

and be submitted electronically via https://deutsche-evergabe.de.

For the tender, only the forms provided by the Contracting Authority for the procurement procedure are to be used. Of course, this does not apply to other documents to be prepared by the tenderers themselves for the forms, which are expressly permitted and, in some cases, even required in accordance with the provisions of these Bidding Conditions and the other procurement documents.

The tender must be complete and contain all required information, declarations, annexes and evidence.

The text form requirement pursuant to § 126b BGB applies to the tender and all its annexes. A handwritten or advanced/qualified electronic signature is not required. However, the name of the tenderer and the name of the person making the relevant declaration on behalf of the company must be indicated in the signature field of all tender documents. Alternatively, where several documents are combined into a single PDF file, it is sufficient for the cover page or first page of such combined document to contain the required text form declaration, provided that the tenderer and the authorised representative are clearly identified.

This applies mutatis mutandis to all declarations by Bidding Consortiums / their members, subcontractors and suitability lenders.

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In doing so, each company (tenderer, consortium member, subcontractor, suitability lender) must ensure that the specified person has the necessary power of representation and represents the company in a legally effective manner.

Subsequent Submission of Documents

The Contracting Authority reserves the right, in compliance with the principles of transparency and equal treatment, to request the tenderer to subsequently submit, complete or correct missing, incomplete or erroneous company-related documents or to subsequently submit or complete missing or incomplete performance-related documents.

The subsequent submission of performance-related documents that relate to the assessment of the economic advantageousness of tenders by reference to the award criteria is excluded. This shall not apply to price information in respect of minor individual items whose unit prices do not alter the total price or affect the ranking order or competition.

The documents shall be submitted by the tenderer, upon request by the contracting authority, within a reasonable period determined by reference to the calendar and fixed by the contracting authority.

Prohibition of Changes to the Procurement Documents

Changes or additions to the procurement documents are inadmissible and will lead to exclusion from the procurement procedure. Of course, this does not apply to additions to the forms (Annexes 1 to 9), which are expressly permitted and, in some cases, even necessary according to these Bidding Conditions and the other procurement documents.

Tender Validity Period

Tenderers shall remain bound by their tenders until 31.12.2026 (tender validity period).

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VIII. BIDDING CONSORTIUMS, RELIANCE ON THE RESOURCES OF OTHER UNDERTAKINGS AND SUBCONTRACTORS

Bidding Consortiums

The submission of a tender by a Bidding Consortium is admissible. A Bidding Consortium is treated as an individual tenderer (§ 50(2) sentence 1 SektVO).

The reasons for the formation of the Bidding Consortium must be set out at the request of the Contracting Authority.

If the tender is to be submitted by a Bidding Consortium, the form "Bidding Consortium" (Annex 1 to the Letter of Tender) must be completed in full, including:

• information on each individual member of the consortium, • designation of an authorised member of the consortium (representative) who is responsible for making and receiving declarations in the procurement procedure and, in the event of the award of the contract in the context of the implementation of the Framework Agreement, acts as the contact person for the Contracting Authority, • Declaration of joint and several liability by the members of the consortium, • Indication of the parts of the work to be performed by the individual consortium members.

Each member of the Bidding Consortium must sign the form "Bidding Consortium" (Annex 1 to the Letter of Tender) in compliance with the text form in accordance with § 126b BGB and submit it with the tender.

In addition, the special features applicable to consortiums in accordance with Section X.1 must be taken into account when proving eligibility.

Reliance on the Capacities of other Entities

A tenderer or a member of a Bidding Consortium may make use of the skills of third parties ("suitability lenders") to prove his financial and economic as well as technical and professional capacity, regardless of the legal nature of the contractual or corporate links existing between him and these third parties. The suitability lender may also be a subcontractor of the tenderer. Affiliated companies within the meaning of §§ 15 et seq. of the German Stock Corporation Act (Aktiengesetz "AktG") are also considered to be potential suitability lenders.

If a tenderer makes use of the capacities of a suitability lender with regard to the required economic and financial capacity, the Contracting Authority requires that the tenderer and the suitability lender be jointly liable for the performance of the contract in accordance with the scope of the reliance on the capacities of other entities, § 47(3) SektVO. The corresponding declaration must be submitted as part of the "Reliance on the capacities of other undertakings" form (Annex 2 to the Letter of Tender).

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Attention is drawn to the restrictions with regard to the involvement of suitability lenders with a connection to Russia and with a share of more than 10% in the execution of the contract (see Section IX.6).

In addition, the special features applicable to the reliance on the capacities of other undertakings in accordance with Section X.2 must be observed when proving suitability.

Subcontractors

The tenderer may have the services carried out in whole or in part by subcontractors (§ 34(1) sentence 1 SektVO). Affiliated companies within the meaning of §§ 15 et seq. AktG and freelancers are also considered possible subcontractors.

Attention is drawn to the restrictions with regard to the use of subcontractors with a connection to Russia and with a share of more than 10 % in the execution of the contract (see Section IX.6).

The details of the information and proof of suitability required in the case of the use of subcontractors are set out and must be observed in Section X.3.

IX. PROOF OF SUITABILITY

A tenderer is suitable if it fulfils all the suitability requirements set out in this Section IX.

The Contracting Authority examines suitability and award criteria simultaneously on the basis of the tenders submitted. Only tenders from suitable tenderers are evaluated against the award criteria set out in Section XI.

Qualification and Authorisation/Registration to Pursue the Professional Activity

1.1 Authorisation/Registration to Provide Temporary Agency Work

Since the subject matter of this procurement is the provision of temporary agency work services, each tenderer (or, in the case of a Bidding Consortium, each individual member that will be providing temporary workers) must hold a valid authorisation to provide temporary agency work issued by the competent authority in accordance with § 1 AÜG. If required by applicable local law, tenderers established outside Germany must submit an equivalent national authorization or registration under the applicable national law of the country in which the tenderer is established, together with a brief explanation of the applicable legal basis.

Where required under applicable law, the tenderer shall ensure that any necessary AÜG authorization (or equivalent national authorization or registration, if and as applicable) will be in place no later than the commencement of the Framework Agreement.

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To provide evidence, a copy of the valid AÜG authorisation (or equivalent national authorization or registration, if and as applicable) must be submitted using Annex 3 to the Letter of Tender.

1.2 Registration in a Commercial or Professional Register

In order to prove the competence and permission to practise the profession, the tenderer or the respective member of a Bidding Consortium as well as the economic operator whose suitability the tenderer relies on (see sections VIII.2 and X.2) must also provide the following information and declarations and submit documents:

Proof of registration in a professional or commercial register of the country in which the economic operator is established is required. Proof is provided in the form of an excerpt from the register, which must not be older than three (3) months at the Submission Deadline.

If an economic operator is not registered in a commercial or professional register, it may provide equivalent proof by other means.

For the member states of the European Union, reference is made to the list of professional or commercial registers as well as certificates and declarations of professional practice in Annex XI to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2014/18/EC.

To provide evidence, the form "Qualification and Permission to Practice a Profession" (Annex 3 to the Letter of Tender) must be used and supplemented by your own attachment (register excerpt or alternative proof).

Economic and Financial Standing

In order to prove economic and financial standing in accordance with §§ 45, 46 SektVO, the tenderer or the Bidding Consortium as well as the economic operator on whose suitability the tenderer relies on, insofar as its ability to pay is claimed (see sections VIII.2 and X.2), must submit the following declarations and evidence.

2.1 Specific Annual Turnover

The Contracting Authority requires a declaration of the specific annual turnover (net) in the field of activity covered by the contract being tendered (supply of temporary workers for activities carried out in connection with IT or digital projects) for each of the last three (3) completed financial years before the Submission Deadline.

If a tenderer has been established for fewer than three (3) completed financial years, it shall provide all available financial data and explain the circumstances. The Contracting Authority will take such information into account when assessing economic and financial standing.

Reference is made to the minimum requirements in Section IX.4.1.

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For the self-declaration, the corresponding section in the form "Economic and Financial Capacity" (Annex 4 to the Letter of Tender) must be completed.

2.2 Professional or Business Liability Insurance

The Contracting Authority requires professional or business liability insurance for the entire contractual period of the framework agreement. The submission of a copy of the insurance policy is sufficient as proof.

If the term of an existing insurance policy is shorter than the contractual period of the framework agreement, the tenderer must undertake at the time of tender submission to obtain a corresponding extension of the insurance in good time, to maintain it for the entire term and submit the copy of the insurance policy to the Contracting Authority without being asked.

If the company does not yet have the appropriate insurance at the time of tender submission, it must declare that it will take out such insurance immediately after the contract award and maintain it for the entire term of the framework agreement, and will provide the Contracting Authority with a copy of the insurance policy without being asked.

Reference is made to the minimum requirements in Section IX.4.2.

To provide proof of professional or business liability insurance, the corresponding section in the form "Economic and Financial Standing" (Annex 4 to the Letter of Tender) must be completed and, if necessary, supplemented by your own attachments (e.g. copy of the insurance policy).

Technical and Professional Ability

In order to prove technical and professional ability in accordance with §§ 45, 46 SektVO, the tenderer or the Bidding Consortium as well as the suitability lender, insofar as its ability to perform is claimed (see sections VIII.2 and X.2.), must submit the following declarations and evidence:

3.1 Company Presentation

A brief description of the business activities of the tenderer is required, explaining the extent to which those activities relate to the subject matter of the contract.

Companies must also disclose all shareholdings and other economic links with other companies relevant to the tendered contract. The disclosure applies in particular to connections to members of another Bidding Consortium, to already known subcontractors or to Russian persons and companies.

The companies must note that the competition secrecy may not be inadmissibly influenced by multiple participation (e.g. as a member of multiple Bidding Consortiums simultaneously, or as a sole tenderer and as a consortium member). Multiple participation is only permissible if suitable measures (e.g. in organisational, technical and personnel terms) ensure that separate tenders are prepared and submitted

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in ignorance of the other tenders and their essential components. The same applies in the event that several companies are legally or de facto affiliated with a group of companies (cf. §§ 17 and 18 of the German Stock Corporation Act). In these cases, all the undertakings concerned must describe the measures they have taken to comply with the competition secrecy.

For the company presentation, the corresponding section in the form "Technical and professional capacity" (Annex 5 to the Letter of Tender) must be completed and supplemented with own attachments. The latter concerns, in particular, information on any shareholdings and the measures taken to safeguard the competition secrecy. These are to be explained in a comprehensible manner in the separately enclosed company presentation under the heading "Shareholdings and measures to ensure competition secrecy".

3.2 Company-related References

The Contracting Authority requires suitable references for comparable services in the form of a list of the essential services provided. The references must have been provided in the last three (3) calendar years before the Submission Deadline (the start of the reference project is decisive).

The following information must be provided on the references:

• Customer name with details of a contact person and his contact details;

• Number of temporary workers employed;

• Qualifications and seniority levels of the temporary worker;

• Performance period per employed temporary worker (start and end dates, or indication that ongoing);

• Total working hours per Temporary Worker;

• Subject and meaningful description of the services rendered;

• Language(s) and jurisdiction(s) in which the services were performed;

References need not be completed at the Submission Deadline; however, the reference services must have been underway for at least twelve (12) months at that date.

Reference is made to the minimum requirements in Section IX.4.3.

For the self-declaration on the references, the form "Technical and Professional Performance" (Annex 5 to the Letter of Tender) must be used.

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3.3 Personnel Capacity

The Contracting Authority requires evidence that the tenderer maintains a workforce capable of providing temporary workers meeting the qualification and experience requirements specified in the Service Descriptions for the Personnel Profiles for which a tender is submitted.

Tenderers are not required to nominate specific individuals at this stage of the procedure. The qualification and experience requirements set out in the Service Description (Software Testing Service Description, Annex Scope of Work Personnel Profile Descriptions) apply as binding requirements for the personnel deployed at call-off stage and will be verified by the Contracting Authority at that point.

For the purpose of demonstrating workforce capacity, tenderers shall submit a Personnel Capacity Overview, providing the following information for each Personnel Profile tendered:

(a) total number of employees in the tenderer's workforce (or pool) with a professional profile corresponding to the experiences and qualifications of the relevant Personnel Profile and

(b) the geographic distribution of the relevant workforce, to the extent it is relevant to the ability to provide services on-site in Munich.

The information provided must be accurate and representative of the tenderer's actual workforce capacity at the Submission Deadline.

Reference is made to the minimum requirements in Section IX.4.4.

The information must be provided in the Form "Technical and Professional Performance" (Annex 5 to the Letter of Tender).

3.4 Information Security Management

Given that the temporary workers supplied under the Framework Agreement will perform services remotely using supplier-managed devices and infrastructure and may have access to the Contracting Authority's systems, information and data, the tenderer must maintain an Information Security Management System (ISMS).

The tenderer must hold a valid ISO/IEC 27001 certification issued by an accredited certification body.

The certification shall remain valid throughout the duration of the Framework Agreement and shall cover the services provided under the contract or the organisational units responsible for providing those services.

Evidence shall be provided by submitting a copy of the current ISO/IEC 27001 certificate as part of Annex 5 (Technical and Professional Ability).

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Minimum requirements

The following minimum requirements must be observed with regard to economic and financial as well as technical and professional capacity:

4.1 Specific Annual Turnover

The Tenderer's specific annual net turnover in the field of activity covered by the contract being tendered (being the supply of temporary workers for activities carried out in connection with IT or digital projects) shall not have been less than EUR 900,000 (in words: nine hundred thousand euros) in each of the three (3) completed financial years immediately preceding the Submission Deadline.

4.2 Professional or Business Liability Insurance

The insurance must cover in particular the infringement of third-party intellectual property rights as well as damages arising in connection with IT services.

The sum insured by professional or business liability insurance must be at least:

• EUR 250,000 (in words: two hundred fifty thousand euros) per claim for property damage, personal injury and financial loss; and

• EUR 1,000,000 (in words: one million euros) per insurance year.

4.3 Company-related References

The Contracting Authority requires at least three (3) suitable references, which must have been provided in the last three (3) years before the Submission Deadline (start of the reference project is decisive).

References need not be completed at the Submission Deadline; however, the reference services shall have been underway for at least twelve (12) months at that date.

A reference shall be deemed suitable where it covers the provision of temporary workers for activities relating to the IT sector.

Each reference must cover the provision of at least one (1) temporary worker over a performance period of no less than ninety (90) person-days.

4.4 Personnel Capacity

For each relevant Personnel Profile, the tenderer's workforce (or pool) must comprise a minimum of one (1) temporary workers whose professional profile matches the experience and qualifications required for that Personnel Profile.

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4.5 Information Security Management

The tenderer must hold a valid ISO/IEC 27001 certification at the Submission Deadline.

Failure to provide evidence of a valid ISO/IEC 27001 certification shall result in exclusion from the procurement procedure.

Self-declaration of the (non-)existence of reasons for exclusion; Self-cleaning measures

The tenderer, each individual member of a Bidding Consortium and the suitability lenders must declare that the following grounds for exclusion do (not) exist. If there is a reason for exclusion under § 123 GWB and/or § 124 GWB, the respective economic operator has the option of providing proof of self-cleaning measures carried out.

To provide evidence of the absence of reasons for exclusion and of the implementation of self-cleaning measures, the form "Reasons for exclusion and self-cleaning measures" (Annex 6 to the Letter of Tender) must be used.

5.1 Grounds for Exclusion under § 123 GWB and § 124 GWB

Economic operators must declare that the grounds for exclusion set out in §§ 123 and 124 GWB do not exist.

5.2 Reasons for Exclusion of Ancillary Procurement Law

In addition, the economic operators declare that the reasons for exclusion set out in § 124(2) GWB in conjunction with § 19(1) in conjunction with § 21 of the Minimum Wage Act (MiLoG), § 124(2) GWB in conjunction with § 21(1) in conjunction with § 23 of the Posting of Workers Act (AEntG), § 124(2) GWB in conjunction with § 98c(1) sentence 1 of the Residence Act (AufenthG), § 124(2) GWB in conjunction with § 21(1) sentences 1 and 2 of the Act to Combat Undeclared Employment (SchwarzArbG) and § 124(2) GWB in conjunction with § 22 of the Supply Chain Due Diligence Act (LkSG) do not apply.

5.3 Self-cleaning in Accordance with § 125 GWB

If an economic operator has a reason for exclusion pursuant to § 123 GWB or § 124 GWB, it is not excluded if it has proven to the Contracting Authority or to the German Federal Cartel Office (Bundeskartellamt) pursuant to § 8 of the Competition Register Act that it

1. has paid compensation or undertaken to pay compensation for any damage caused by a criminal offence or misconduct,

2. has fully clarified the facts and circumstances related to the offence or misconduct and the damage caused by it through active cooperation with the investigating authorities and the Contracting Authorities, and

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3. has taken specific technical, organisational and personnel measures that are suitable to prevent further criminal offences or further misconduct.

The Contracting Authority shall assess the self-cleaning measures taken by the economic operator and take into account the seriousness and specific circumstances of the offence or misconduct. If the Contracting Authority considers the self-cleaning measures to be insufficient, they shall justify this decision to the company (§ 125(2) GWB).

In the event of a violation of § 124(2) GWB in conjunction with § 19(1) in conjunction with § 21 MiLoG, § 124(2) GWB in conjunction with § 21(1) in conjunction with § 23 AEntG and § 124(2) GWB in conjunction with § 98c(1) sentence 1 AufenthG, the company will not be excluded if it has proven that reliability has been restored.

5.4 Exclusion and Self-cleaning in the Event of a Breach of the Obligation to Pay Taxes, Duties and Social Security Contributions

If the economic operator fails to comply with its obligations to pay taxes, duties and social security contributions and this has been established by a final court decision or a final administrative decision (§ 123(4) sentence 1 no. 1 GWB), there is no exclusion if it proves that it has complied with its obligations by making the payment or by agreeing to pay the taxes, contributions to social security, including interest, late payment penalties and penalties.

Self-declaration on the Sanctions Regulation

Since the outbreak of the war against Ukraine, Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions (the 'Sanctions Regulation') has imposed sanctions directly affecting the award and performance of public contracts in the upper threshold range (without further national implementing acts).

The subject of the sanctions in the area of public contracts and concessions under Art. 5k of the Sanctions Regulation is, among other things, a prohibition on awarding contracts for procurement procedures that have not yet been concluded, which has been in force since 9 April 2022, insofar as an economic operator that has a connection to Russia according to the provision acts as (i) a tenderer or (ii) participates in the contract as a (direct/indirect) subcontractor, supplier or suitability lender and more than 10% of the value of the contract is attributable to this economic operator. A connection to Russia exists if:

a) the economic operator is a Russian citizen or has a branch in Russia,

b) a natural person or an undertaking to which one of the criteria referred to in point (a) applies, in which an economic operator holds more than 50% of the shares,

c) economic operators acting on behalf of, or at the direction of, any person or undertaking falling within one of the categories referred to in points (a) and (b).

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The tenderer, each individual member of the Bidding Consortium and the suitability lenders must declare that the above-mentioned facts do not exist.

To provide evidence of the absence of these facts, the form "Self-declaration on the Sanctions Regulation" (Annex 7 to the Letter of Tender) must be used.

If a tenderer/member of a Bidding Consortium has a connection to Russia in the above- mentioned sense, the Contracting Authority shall exclude the tenderer/Bidding Consortium from the procurement procedure. The Contracting Authority has no discretion in this regard.

If the tenderer/Bidding Consortium intends to involve a subcontractor, a supplier or a suitability lender with a connection to Russia in the above-mentioned sense and this company accounts for a share of more than 10% of the contract value, the Contracting Authority will request the tenderer/Bidding Consortium to replace this company with a company with no connection to Russia within a reasonable period of time. If the tenderer/Bidding Consortium does not comply with this request within the specified period, the Contracting Authority will exclude the tenderer/Bidding Consortium.

X. PROOF OF SUITABILITY WITH BIDDING CONSORTIUMS, SUBCONTRACTORS AND RELIANCE ON THE CAPACITIES OF OTHER UNDERTAKERS

Bidding Consortium

Each member of a Bidding Consortium must individually prove his or her ability and permission to practise his or her profession, the absence of the grounds for exclusion pursuant to §§ 123 and 124 GWB and the absence of a connection to Russia using the forms in Annex 3, Annex 6 and Annex 7 to the Letter of Tender.

This means in particular that each individual member of the Bidding Consortium that will be providing temporary workers must individually hold a valid AÜG authorization or registration (or equivalent under applicable local law), if and as applicable (see Section IX.1.1). It is not sufficient for only one member of the consortium to hold such authorization/registration.

In order to meet the other eligibility criteria (Annex 4 and Annex 5 to the Letter of Tender), it depends on the Bidding Consortium as a whole. In this respect, each member fills in Annex 4 and Annex 5 to the Letter of Tender only to the extent that the respective section applies to that member.

The Contracting Authority shall examine the suitability of the Bidding Consortium taking into account all documents submitted by the Bidding Consortium.

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Reliance on the capacities of other undertakings

A tenderer or a member of a Bidding Consortium may make use of the skills of third parties ("suitability lenders") to prove his financial and economic as well as technical and professional capacity. Suitability lending is not permissible in respect of the required qualification and authorization to pursue the professional activity (e.g. AÜG authorisation pursuant to § 1 AÜG or equivalent under applicable local law).

In order to prove suitability, the tenderer / the Bidding Consortium must name the undertaking whose capacities the tenderer / Bidding Consortium relies on for the sake of suitability already with the tender and prove that the means and capacities of the undertaking required for the performance of the contract are actually available to him/her.

To this end, the suitability lender must fill out the "Reliance on the capacities of other undertakings" form (Annex 2 to the Letter of Tender) and attach it to the tender.

In addition, the suitability lender must prove its economic and financial as well as technical and professional capacity in accordance with the requirements in the EU Notice and these Bidding Conditions using the forms Annex 4 and Annex 5 to the Letter of Tender to the extent that the tenderer/Bidding Consortium invokes them to prove suitability.

Finally, the suitability lender must provide individual and complete proof of its ability and permission to practise the profession, the absence of grounds for exclusion and the absence of a connection to Russia in accordance with these Bidding Conditions using the forms Annex 3, Annex 6 and Annex 7 to the Letter of Tender.

The Contracting Authority shall check whether the suitability lender meets the relevant suitability criteria and whether there are grounds for exclusion. If the suitability lender does not fully meet the relevant suitability criteria or if there is a compelling reason for exclusion within the meaning of § 123 GWB or Art. 5k Sanctions Regulation, the tenderer/Bidding Consortium must replace this suitability lender. The Contracting Authority reserves the right to demand substitution if there is an optional reason for exclusion pursuant to § 124 GWB. For this purpose, it sets a reasonable deadline for the tenderer/Bidding Consortium.

Subcontractors

If the tenderer/Bidding Consortium intends to use subcontractors, the name, the type and scope of the services to be provided by the respective subcontractor shall be stated in the form “Letter of Tender”.

In addition, the tenderer/Bidding Consortium must prove that the necessary services of this subcontractor are available to them by submitting a declaration of commitment from the respective subcontractor. This declaration of commitment, which is to be specially prepared and signed by the subcontractor, must be attached to the offer; the text form according to § 126b BGB also applies here.

Finally, each subcontractor must prove at the time of submission of the offer that there are no grounds for exclusion on his or her part. The subcontractor must fill in the forms in Annex 6 and Annex 7 to the Letter of Tender and attach them to the tender.

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The Contracting Authority shall check whether there are grounds for excluding the subcontractor. If there are compelling reasons for exclusion within the meaning of § 123 GWB or Art. 5k of the Sanctions Regulation, the Contracting Authority shall demand the replacement of the subcontractor. If there are optional reasons for exclusion pursuant to § 124 GWB, the Contracting Authority may demand that it be replaced. For this purpose, it sets a reasonable deadline for the tenderer / Bidding Consortium.

XI. AWARD CRITERIA AND EVALUATION

The following information regarding the award criteria, their weighting and scoring applies to the evaluation of all tenderers.

Weighting

The two (2) tenderers submitting the most economically advantageous tenders shall become parties to the Framework Agreement for the provision of the corresponding Personnel Profile.

The most economically advantageous tender will be determined on the basis of the best price-performance ratio. To determine the best price-performance ratio, the Contracting Authority has specified the following award criteria with the respective weighting:

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Offer Price

The Contracting Authority shall evaluate the net daily rates submitted by tenderers in the Form “Price Sheet” (Annex 8 to Form Term) for the temporary workers to be provided under the Framework Agreement, in relation to the Personnel profile applicable.

For evaluation purposes, the evaluated tender price shall be calculated as the weighted average daily rate derived from the Personnel Profiles listed in Annex 8. The weighting factors correspond to the estimated volume distribution set out in Annex 5 to the Framework Agreement.

The evaluated tender price is the weighted average of the Year 1 net daily rates for the two Personnel Profiles using the volume assumptions in Annex 5. Years 2 and 3 are contractual rates only.

Quality

3.1 Performance Quality

Tenderers may indicate in the “Letter of Tender” whether they wish to offer improvements to the contractual provisions set out in the Framework Agreement in respect of the following areas.

Any such improvements offered by the tenderer shall be legally binding and shall form part of the Framework Agreement concluded with the successful tenderer. The extent to which the improvements offered are favourable to the Contracting Authority shall be taken into account positively in the evaluation of tenders.

Tenderers may offer improvements in respect of the following areas:

• Confirmation Periods

Under the Framework Agreement, the preferred partner is required to confirm whether it is able to fulfil an individual call-off request within two (2) weeks of receipt of the Call-Off Request. The secondary partner is granted an extended confirmation period of four (4) weeks.

Tenderers may offer the following shorter confirmation periods than those provided for in the Framework Agreement:

• Preferred partner: one (1) week instead of two (2) weeks;

• Secondary partner: two (2) weeks instead of four (4) weeks.

• Simplified Right of Recall During the Initial Phase

Under Section 10 of the Framework Agreement, the Contracting Authority's right to recall a deployed agency worker is conditional upon the existence of justified grounds.

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The Framework Agreement does not contain an express provision governing a probationary period at the commencement of an assignment.

Tenderers may offer to grant the Contracting Authority a defined probationary period of twenty (20) working days at the commencement of each assignment during which the Contracting Authority shall be entitled to recall the agency worker without being required to state reasons and to request a free-of-charge replacement.

3.2 Quality of the Concepts

Tenderers are required to prepare a Contingency and Replacement Concept and a Quality Assurance Concept for Candidate Selection, in accordance with the requirements set out in Section VI.4 of these Bidding Conditions, and to submit these as separate Annexes K1 and K2 to their tender.

Should the written submissions exceed the prescribed page limit for any individual concept, the pages in excess of the maximum permitted length will not be taken into consideration in the evaluation.

3.2.1 Quality of Contingency and Replacement Concept

Tenderers are required to prepare, as Annex K1, a Quality of the Contingency and Replacement Concept. The following substantive requirements and evaluation criteria shall apply to this concept:

Requirements:

In Annex K1, the tenderer is required to set out how it ensures the continuous provision of qualified temporary workers throughout the entire duration of the Framework Agreement. The concept shall address the following:

• Talent Pool: The tenderer shall provide a concrete description of the talent pool already available at the time of tender submission and/or staff profile. The description shall in particular include information on the number of available candidates and the qualification structure of the pool.

• Strategies for Candidate Retention and Development: The tenderer shall set out the specific measures by which it ensures the ongoing retention and development of suitable candidates for the tendered Personnel Profiles on a long-term basis (e.g. active talent management, continuous recruitment measures, qualification and training programmes).

• Contingency Planning for Unexpected Absences: The tenderer shall describe the measures and processes it has put in place to address the unexpected absence of a deployed agency worker, with a view to ensuring the least possible disruption to the continuity of service delivery.

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• Replacement Procedure: The tenderer shall describe its internal procedure for nominating and providing a suitable replacement agency worker. In particular, the tenderer shall set out how it ensures compliance with its obligation to provide a suitable replacement without undue delay in the event that the Contracting Authority rejects the continued deployment of an agency worker on justified grounds (cf. Section 11.1 of the Framework Agreement).

Key Evaluation Criteria:

In evaluating the Quality of Contingency and Replacement Concept, the following aspects shall in particular be taken into account positively:

• Substantial and Qualified Pool Size: The tenderer demonstrates that, for the respective staff profile, an already available talent pool exists comprising a demonstrably high number of qualified candidates whose qualification structure meets the requirements of the tendered staff profile.

• Convincing Strategy for Candidate Retention and Development: The tenderer sets out a concrete, practical and sustainable strategy that goes beyond general statements of intent and demonstrates that the availability of suitable candidates is secured on a long-term basis.

• Structured and Proven Contingency Planning: The tenderer describes a clearly defined and coherent process for managing unexpected absences of deployed temporary workers, which demonstrates the capacity for a swift response that does not compromise quality of service delivery.

• Efficient Replacement Procedure: The tenderer sets out a concrete and coherent internal procedure that ensures that, in the event of a justified rejection of an agency worker by the Contracting Authority, a suitable replacement can be nominated and provided without undue delay.

3.2.2 Quality of Quality Assurance Concept for Candidate Selection

Tenderers are required to prepare, as Annex K2, a Quality Assurance Concept for Candidate Selection. The following substantive requirements and evaluation criteria shall apply to this concept:

Requirements:

In Annex K1, the tenderer is required to set out the quality assurance measures it applies to the selection of suitable candidates for the tendered staff profiles. Given the specific qualification requirements and the limited availability of qualified professionals, the quality

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of the recruiting process is a key indicator of the Tenderer's ability to deliver services of the required standard. The concept shall address the following:

• Recruiting Process and Selection Methods: The tenderer shall describe its recruiting process and the selection methods employed in identifying and pre- selecting suitable candidates for the tendered staff profiles (e.g. structured interviews, competency-based assessments, reference checks). The description shall demonstrate that the selection process is systematic, structured and consistently applied.

• Verification of Qualifications and Professional Experience: The tenderer shall set out the procedures by which it verifies that candidates possess the qualifications and professional experience required for the respective staff profile. The Tenderer shall in particular describe how it ensures the accuracy and reliability of the information provided by candidates.

• Quality Assurance in the Involvement of Subcontractors: Where the tenderer intends to involve subcontractors in the provision of services, it shall describe the quality assurance measures it applies to the selection and oversight of such subcontractors. In this regard, the tenderer is reminded that, pursuant to Clause 10.8 of the Framework Agreement, subcontractors may only be engaged with the prior written consent of TSCNET and must comply with the provisions of the Framework Agreement.

• Ongoing Performance Monitoring: The tenderer shall describe the processes it has put in place to monitor the performance of deployed temporary workers on an ongoing basis throughout the duration of their assignment, including any measures taken to address underperformance at an early stage.

Key Evaluation Criteria:

In evaluating the quality assurance concept for candidate selection, the following aspects shall in particular be taken into account positively:

• Structured and Systematic Recruiting Process: The tenderer describes a clearly defined, multi-stage recruiting process underpinned by objective and verifiable selection methods that are specifically tailored to the requirements of the tendered staff profiles.

• Robust Verification Procedures: The tenderer sets out thorough and reliable procedures for verifying candidates' qualifications and professional experience, demonstrating that the information provided by candidates is systematically cross- checked and validated prior to deployment.

• Rigorous Quality Assurance for Subcontractors: Where subcontractors are to be involved, the tenderer demonstrates that it applies equivalent quality assurance standards to subcontractors as to directly employed temporary workers, and that it has effective mechanisms in place to ensure subcontractors' compliance with the requirements of the Framework Agreement. 31 / 35

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• Proactive and Continuous Performance Monitoring: The tenderer describes a proactive and structured approach to monitoring the ongoing performance of deployed temporary workers, including clearly defined escalation procedures and early intervention measures to address any performance issues without delay.

Tender Evaluation

The overall score for each tenderer is:

4.1 Tender Price

The price criterion is evaluated on the basis of the daily rates (net, in EUR) for the provision of one temporary worker meeting the qualification requirements, as stated in the Form “Price Schedule” (Annex 8 to the Letter of Tender).

The lowest net daily rate shall receive the maximum weighted score of 60 points. Gross daily rates that are equal to or exceed twice the lowest net daily rate shall be awarded zero (0) points. All net daily rates falling between these two values shall be scored by linear interpolation in proportion to the lowest net hourly rate.

All resulting scores are rounded to two decimal places. The result is the weighted score for the award criterion “Tender Price”. Accordingly, tenderers can achieve a maximum of 60 points for this award criterion.

In the event that two or more tenderers offer an identical daily rate, each of those tenderers receives the same price score, calculated in accordance with the formula above.

4.2 Quality of the Tender

The Contracting Authority evaluates the award criterion 'Quality' on the basis of the tenderer's written submissions in response to the quality sub-criteria set out below. The quality of the tender is evaluated using a points system. Each quality sub-criterion is assessed separately by the Contracting Authority. The scores for each sub-criterion are then added together. The result is the total score for the award criterion 'Quality'. tenderers can therefore achieve a maximum of 30 points for the award criterion 'Quality'.

4.2.1 Performance Quality

The Contracting Authority shall evaluate the award criterion “Performance Quality” on the basis of the improvements offered by the tenderer pursuant to Section XI.3.1 of these Bidding Conditions.

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• the full score available under this criterion if both improvements are offered;

• 50% of the score available under this criterion if only one improvement is offered;

• no points if neither improvement is offered.

The maximum score under this criterion corresponds to 10% of the overall evaluation score.

4.2.2 Quality of Contingency and Replacement Concept

The Contracting Authority shall evaluate the award criterion "Quality of Contingency and Replacement Concept" on the basis of Annex K1 submitted by the tenderer.

The evaluation shall be carried out in accordance with Section XI.3.2.1 of these Bidding Conditions and the Evaluation Matrix (Annex to the Bidding Conditions).

The Evaluation Matrix contains the detailed scoring methodology, evaluation levels, point allocation and weighting applicable to Annex K1.

4.2.3 Quality Assurance Concept for Candidate Selection

The Contracting Authority shall evaluate the award criterion "Quality Assurance Concept for Candidate Selection" on the basis of Annex K2 submitted by the tenderer.

The evaluation shall be carried out in accordance with Section XI.3.2.2 of these Bidding Conditions and the Evaluation Matrix (Annex to the Bidding Conditions).

The Evaluation Matrix contains the detailed scoring methodology, evaluation levels, point allocation and weighting applicable to Annex K2.

4.3 Grading scale

The quality of the concepts of Sections XI.4.2.2 and 4.2.3 to be submitted shall be evaluated using the Concept Evaluation Matrix (Annex to the Bidding Conditions).

4.4 Overall Evaluation

The weighted scores for the quality and price criteria resulting from Sections XI.4.1 and XI.4.2 are added together. The result is the overall score for the award criteria as a whole:

Overall Score = Price Score (max. 60) + Quality Score (max. 40) = max. 100 points

The Contracting Authority evaluates the award criteria specified in Section XI.1 as follows in Section XI.5.

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Award and Cascade Mechanism

The Contracting Authority shall award as follows:

a. The tenderer ranked first (highest overall score) shall be designated as the Preferred Partner and offered a Framework Agreement accordingly.

b. The tenderer ranked second (second highest overall score) shall be designated as the Secondary Partner and offered a Framework Agreement accordingly.

c. If only one (1) eligible tender is received, the Contracting Authority shall conclude a Framework Agreement with that sole tenderer as Preferred Partner only (without a Secondary Partner), provided the tender is suitable.

The Contracting Authority shall notify all tenderers of the outcome of the award procedure via https://deutsche-evergabe.de in accordance with § 134 GWB.

XII. CONFIDENTIALITY

Tenderers, Bidding Consortium members, suitability lenders and subcontractors undertake to treat confidentially all information and documents provided by the Contracting Authority in the context of this award procedure.

Tenderers may only publish about the project or parts thereof as well as other information that becomes known to them in the course of the award procedure with the written consent of the Contracting Authority.

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XIII. COMPLAINT AND REVIEW PROCEEDINGS

The application for review is inadmissible pursuant to § 160(3) sentence 1 GWB insofar as:

1. the tenderer has recognised the alleged infringement of procurement rules before filing the application for review and has not complained to the Contracting Authority within a period of 10 calendar days; the expiry of the period pursuant to § 134(2) GWB remains unaffected,

2. Violations of procurement regulations that are recognisable on the basis of the contract notice are not reported to the Contracting Authority by the expiry of the deadline for application or submission of tenders specified in the contract notice at the latest,

3. Violations of procurement regulations that are only recognisable in the procurement documents are not reported to the Contracting Authority by the expiry of the deadline for application or submission of tenders at the latest,

4. more than 15 calendar days have elapsed after receipt of the Contracting Authority’s notification that it does not wish to remedy a complaint.

Sentence 1 does not apply to an application for a declaration of the invalidity of the contract pursuant to § 135(1) no. 2 GWB. § 134(1) sentence 2 GWB remains unaffected.

The competent authority for the review procedure is:

Public Procurement Review Body Southern Bavaria (Vergabekammer Südbayern) at the Government of Upper Bavaria

Maximilianstraße 39 80534 Munich Germany

E-mail: vergabekammer.suedbayern@reg-ob.bayern.de Telephone: +49 89 2176 2411 Fax: +49 89 2176 2847