Public procurement: Participate in restricted tender or restricted procedure

In the restricted invitation to tender (national), the contracting authority (contracting authority) invites certain undertakings to submit a tender. If the EU threshold (200,000.00 euros for supplies and services, 5,000,000.00 euros for construction services) is exceeded, a restricted procedure must be carried out throughout the EU, which, in contrast to the restricted tender, provides for a mandatory participation competition. All interested companies can submit applications to participate in this EU procedure. The contracting authority shall select the appropriate undertakings in accordance with the general procurement principles. It invites them to submit an offer.

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

In the case of restricted tendering, contract advice centres can assist the contracting authority in selecting the undertakings to be contacted.

You will find out in the tender documents which deadlines you have to comply with for the submission of requests to participate and tenders.
 

In Hesse, it is possible to be prequalified at the contract advice centre. The participant competitions are all published in the Hessian Tender Database (www.had.de).
 

You will find out in the tender documents which documents, samples or samples you must attach to your application for participation and tender.

A restricted invitation to tender or restricted procedure is only possible under certain conditions, for example in the following cases:

• In the case of construction work, certain value limits are not exceeded (national).
• Due to special requirements, only a certain group of entrepreneurs can provide the service.
• A public tender would entail a disproportionate effort for the contracting authority or the applicant companies.
• A public tender that has already been issued has not led to an acceptable or economic result.
• For example, a public tender is inappropriate for reasons of urgency or secrecy.
   

In the case of EU-wide restricted procedures, bidders may submit an application for review to the Public Procurement Chamber of the State of Hesse at the Darmstadt Regional Council (subject to a fee). In the case of the restricted invitation to tender (below the EU thresholds), the VOB bodies can be called in for verification of construction work. The address of the Public Procurement Chamber and the VOB office will be communicated in the announcement or with the procurement documents.

Find out more about participation competitions in the Hessian Tender Database (www.had.de). If you wish to participate, submit an application to the awarding body to participate in the competition.

The awarding body evaluates the applications. Once the contracting authority has selected you, it will invite you to submit a tender. It will send you the tender documents for this purpose.

When preparing an offer, you must observe various formal and content-related requirements, for example:

• the legally binding signature of the offer,
• the timely observance of the deadline,
• full registration of the prices charged,
• the declarations and evidence required by the client without gaps.

Attention: You must not change the contract documents!

You can find out in the tender documents whether you can or must submit the documents electronically. In this case, you must provide the documents with a qualified electronic signature and transmit the data in encrypted form.

The contracting authority shall open tenders after expiry of the closing date for the submission of tenders. It shall examine tenders duly received within the prescribed period in accordance with the following criteria:

• Completeness
• technical accuracy and
• arithmetic accuracy.

Apart from a few exceptions, you will be awarded the contract in writing. The knockdown shall also be deemed to be the conclusion of the contract. The contracting authority will also inform you if you are not awarded the contract.
 

You can find out in the tender documents by when the contract will be awarded.

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