Verfahrensangaben

19"-Racks, die als standardisiertes Gehäuse für diverse 19"-Rack montierbare elektronische Systeme wie VME-, µTCA-, NIM- und Hochspannungs-Crates und - Module dienen.

The required 19"-racks will be used for the installation of different computer and measurement technologies such as data acquisition systems, motor drives, measurement and diagnostic devices, PLC, and computer systems along the beamline of the Super-FRS (Superconducting Fragment Separator) which is part of the particle accelerator facility FAIR (Facility for Antiproton and Ion Research) being under construction in Darmstadt, Germany. Since the 19"-racks will be located next or in nearby niches to the beamline, an easy accessibility and a modifiability are required due to a higher radiation level environment.
Each 19"-rack will serve as a standardized enclosure for various 19"-rack mountable electronic systems such as VME-, µTCA-, NIM-, and high voltage-crates and -modules.
Due to the requirements to space and applications five types of basic racks are defined of different measures which need to be equipped with general and optional features to comply with the requirements at the different locations at the Super-FRS at FAIR.

Full Size rack, wide with wheels, Type 1a - 11 pieces
Half Size rack, wide, Type 2 - 3 pieces
Full Size rack, wide, deeper rack for servers, Type 3 - 3 pieces
and different accessories

The competent investigating authority is as follows

Vergabekammer des Bundes
Villemombler Str. 76
D-53123 Bonn, Germany
Tel.: 0228 9499-0
Fax: 0228 9499-163
Email: vk@bundeskartellamt.bund.de
Web: http://www.bundeskartellamt.de/SharedDocs/Kontaktdaten/DE/Vergabekammern.html

The applicant is requested to clearly identify those parts of the request to participate (and any subsequent bid) containing company/business secrets. If this does not happen, the public procurement tribunal will assume consent to inspect the documents as required in the case of carrying out a review procedure (Section 165 (3) Act against Restraints of Competition (Competition Act - GWB)). As the awarding authority, FAIR is required to provide the public procurement tribunal with immediate access to the files when a review procedure is initiated (Section 163 (2) sentence 3 GWB).

Applicants/bidders have the right to demand that the Contracting authority comply with the provisions on the award procedure protecting bidders (Section 97 (6) GWB). Applicants/bidders with an interest in the public contract who believe their rights have been violated by non-compliance with the provisions governing the awarding of public contracts, must raise an objection about the violation to FAIR within ten calendar days (Section 160 (3) sentence 1 no. 1 GWB).

Violations known from the tender notice or tender documents must be claimed vis-a-vis FAIR before the time limit given for submission of applications (offers) (Section 160 (3) 1 No. 2 - 3 GWB).

If FAIR informs the applicant/bidder that it is unwilling to redress the objection, an application for review may then be filed with the public procurement tribunal above within 15 days of receipt of the notification (Section 160 (3) sentence 1 no. 4 GWB).

Bidders whose bids are not to be considered for the award of the contract will be notified before the awarding of the contract pursuant to Section 134 GWB. A contract may only be concluded 15 calendar days after FAIR has sent out this information. This period is ten calendar days when transmission is by fax or email. The period commences on the day following the dispatch of the information by FAIR. After this time period has expired, an award is possible even if a time limit pursuant to Section 160 (3) GWB has yet to expire. Therefore, in order to prevent an award, a request for review needs to have been served upon FAIR by the public procurement tribunal before the expiry of the time limit under Section 134 GWB.

Pursuant to Section 135 (1) and (2) GWB, the invalidity of an award can only be established if it has been asserted in the review procedure within 30 calendar days from the date on which there was notification on the conclusion of the agreement, though no later than six months after the agreement was concluded. If the Contracting authority published the tender notice in the Official Journal of the European Union, the time limit for claiming ineffectiveness shall expire 30 calendar days after the publication of the tender notice in the Official Journal of the European Union.

Communication with Candidates takes place via the DTVP's tender platform. Questions must be sent to FAIR via DTVP and will are answered via DTVP. Questions posed orally or by telephone regarding the documents or the contractual object will not be answered; answers given orally or by telephone are not binding.

The only form of submission of participation applications accepted by Awarding Authority is in writing, electronically

Note: In Writing, Electronically

Participation applications shall be submitted electronically within the deadline via the German awarding platform DTVP.
URL: http://www.dtvp.de/Center/
The forms and other documents to be completed, provided by FAIR, may be
- either completed on the online tendering tool under the section "Documents to Be Completed" or
- created and compiled separately by Candidate together with the other components of the participation application or tender (concepts or explanations etc.), then uploaded under the heading "Own Documents".
However, Candidates should not fill in the forms online and upload them again separately, as this can result in transmission errors and increases the workload on both sides.
In order to comply with the text form (in writing) according to § 126b BGB [transl.: German Civil Code] when submitting participation applications, Candidates must provide the following information:
- In the case of natural persons, the full name (first name and surname) must be given (name of the declaring person in the participation application form).
- In the case of legal entities and commercial companies and corporations, the name of the company and its legal form must be stated. In addition, the full name of the employee who is submitting the participation application on behalf of the company (name of the declaring person in the participation application form) must be stated. The insertion of a company logo is not sufficient.
- In the case of Bidding Consortia, the declaring person according to § 126b BGB shall be the employee of the leading member who submits the participation application on behalf of the Bidding Consortium; besides, the form "Bidding Consortium Declaration" must be submitted.
It should be noted that in the case of electronic submission, the text form according to § 126b BGB is only observed if the participation applications are transmitted in encrypted form via the awarding platform (cf. information on eVergabe). Submitting the participation application via email is not sufficient.
In the case of incorrect/ incomplete information that violates the aforementioned formal requirements, participation applications will be excluded unless Candidate cannot be held responsible (§ 57 para. 1 nr. 1, para. 3 VgV).