SMART Joint Services (Jointing) on offshore AC-Systems

The maximum quantity to be specified for these framework agreements (ECJ, judgment of 17 June 2021 – Case C-23/20 – ‘Simonsen & Weel’) is limited to eight (8) cable faults within the entire contract period, including the two (2) extension options.

The client points out that the maximum quantity to be specified is a maximum value with regard to faults/malfunctions in the corresponding cables, the occurrence and frequency of which the client has no influence over. The contractor has no claim to the utilisation of the respective maximum quantities.
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The relevant contract language is German. All contractual notes must be entered in the German version of the contract. The German version of the service description is also binding. Both the English version of the contract and the English version of the service description are included in the tender documents for information purposes only.
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In the case of bidding groups/working groups/consortia, all members of the bidding group/working group/consortium must submit the information listed under ‘Participation’. The consortium leader must be clearly identified.
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The client reserves the right to negotiate with a maximum of four bidders. The selection of applicants who will be invited to negotiations after submission of bids will be based on the award criteria.
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The client is entitled to transfer all rights and obligations relating to the subject matter of the contract to a project company (special purpose vehicle/NewCo), regardless of whether third parties are already shareholders in this project company or will only become shareholders after the transfer of this contract.
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Detailed information on the deadlines for lodging appeals: Applicants/bidders must report violations of procurement regulations in accordance with the provisions of Section 160 (3) GWB. An application for review is inadmissible under Section 160(3) GWB if
1. the applicant recognised the alleged violation of procurement regulations before submitting the application for review and did not report it to the contracting authority within a period of ten calendar days; the expiry of the period under Section 134(2) GWB remains unaffected,
2. violations of procurement regulations that are apparent from the announcement are not reported to the contracting authority by the deadline for applications or submission of tenders specified in the announcement at the latest,
3. violations of procurement regulations that are only apparent in the procurement documents are not reported to the client by the deadline for applications or submission of bids at the latest,
4. more than 15 calendar days have passed since receipt of the client's notification that it does not intend to remedy a complaint.
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The award of the contract is subject to changes in the legal and/or regulatory framework, regulations and provisions applicable at the time of publication of this announcement.
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The framework agreement is concluded without minimum purchase quantities. The client is entitled to terminate the award procedure at any time in accordance with Section 57 of the German Sectoral Public Procurement Regulation (SektVO). Express reference is made to the deadline specified in Section 160(3)(4) of the German Act against Restraints of Competition (GWB).
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Within the scope of this tender, the client reserves the right, in the event of the initial successful bidder defaulting due to insolvency, to conclude the contract with the next highest bidder in the tendering process on the terms and conditions specified in the tender. This option was provided for in the tender documents and is based on Section 132(2)(1) and (4)(a) of the German Act against Restraints of Competition (GWB).
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