01 - 10021232 - Terms and conditions for application.pdf

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Terms and conditions for application of the

Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

for the award of contracts for services and works

04/2026

These requirements apply unless different conditions are set out in the specific tender procedure. The award procedure is carried out in accordance with the applicable provisions of the German Act against Restraints on Competition (GWB) and, in the case of awards above the EU threshold, in accordance with the German Ordinance on the Award of Public Contracts (VgV) and, in the case of awards below the EU threshold, in accordance with the German Regulation on Sub-threshold Procurement (UVgO).

1. Submission of requests to participate and tenders Requests to participate and tenders must be submitted in electronic form using the editable templates pro- vided on GIZ’s eProcurement Tender Platform, https://ausschreibungen.giz.de. External content (such as links to websites) will not be taken into account.

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2. No remuneration or reimbursement of costs GIZ will not provide any remuneration or reimbursement to cover participation in presentations or the prep- aration of requests to participate or tenders in the context of the competitive procedure.

3. Terms and conditions of contract Tenders are subject to the General Terms and Conditions of Contract (‘Terms and Conditions’) for supply- ing services and works on behalf of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. These will form a part of the contract when the contract is awarded to the selected tenderer. Further to this, the special terms and conditions of contract contained in the award documents will apply to the implementation of the assignment.

4. Questions about the procedure for the award of contract and the award documents Any commercial, technical or procedural questions shall be raised promptly by the candidates/tenderers, and no later than the deadline specified in the procedure. Questions can only be submitted electronically via the Tender Platform. During ongoing tender procedures, candidates/tenderers may not enter into con- tact with people involved in the procedure, apart from GIZ Contract Management. Insofar as they are of general interest, questions and answers will be made available in anonymous form to all candidates/ten- derers on the Tender Platform for the award of contracts. Questions and answers that are relevant to only one candidate/tenderer will be discussed with them alone.

5. Suitability

5.1 The contract will only be awarded to (eligible) candidates/tenderers with the required expertise and capacity that meet the criteria listed in the self-declaration of eligibility and/or the requests to participate and that are not excluded under the terms of Sections 123 or 124 of the German Act against Restraints on Competition (GWB). If there is a previously announced limit to the number of candidates/tenderers, an assessment will be car- ried out according to the relevant evaluation scale included in the award documents.

5.2 GIZ checks the identity of candidates/tenderers prior to awarding the contract. The evidence will usually consist of a copy of the extract from the official register in the respective country. Translations into German or English shall be enclosed for any official documents in another language. European companies must provide a copy of the current register entry within the scope of Annex XI to EU Directive 2014/24/EU on public procurement. International companies must provide a copy of the register entry or a valid registration document for their company.

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5.3 GIZ checks the candidates/tenderers against the sanctions lists of the United Nations and the European Union prior to awarding the contract. GIZ will inform the candidate/tenderer if facts come to light during the verification that prevent the contract from being awarded to the candidate/tenderer.

5.4 As a condition for contract performance, GIZ checks the risk of false self-employment of candidates/ten- derers. GIZ reserves the right to not award the contract in the event of an increased risk of false self- employment. 5.5 GIZ may check the creditworthiness of candidates/tenderers. To this end, GIZ can request information from Creditreform Frankfurt Hoffmann & Nikbakht KG, Junghofstraße 16, 60311 Frankfurt am Main (hereinafter referred to as Creditreform), from which it obtains relevant data. For this purpose, GIZ will provide the name and address, and if available, the dates of birth of the business partner to Creditreform. With regard to the processing of data by Creditreform, the relevant information can be found in the bulletin ‘Creditreform-Informationen nach EU-Datenschutz-Grundverordnung (EU-DSGVO)’ at www.creditre- form.de/frankfurt-am-main/datenschutz (German only). Questions about this processing of your data should be directed to the data protection officer at Creditreform (see link above for contact details).

6. Contents of the technical bid

6.1 The requirements for the technical bid are laid out in the terms of reference.

6.2 If CVs are required for the proposed experts, these must be submitted in the standard EU format (e.g. Europass format) and in the language of the procedure.

6.3 The candidate/tenderer ensures that the experts proposed by them are available to carry out the contract. As proof of availability, the experts in question shall issue a declaration to this effect if so required in the Terms of Reference.

6.4 Should any of the proposed experts have an existing employment contract or development service contract with GIZ, or an existing top-up and allowances agreement as an integrated expert, the relevant con- tract/agreement end date must be stated.

7. Financial bid

7.1 The financial bid must be in euros and structured in accordance with the price sheet and the General Terms and Conditions.

7.2 The financial bid should contain the specification of inputs as required in the terms of reference as well as any budgets set by GIZ.

7.3 All prices are to be quoted with their net value.

8. Presentations GIZ reserves the right to require candidates/tenderers to give a presentation outlining the tender and the proposed personnel. This presentation must include information showing that the concept and proposed experts provide sufficient guarantee of the successful implementation of the contract for which the invitation to tender has been issued.

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9. Award criteria and evaluation Tenders are rated on their technical merits in accordance with the assessment grid specified in the tender documents. Only technical bids for which the technical evaluation results in a rating of at least 500 points will undergo a financial evaluation. Technical bids with less than 500 points will be excluded from the tender procedure. If a technical minimum/mandatory criterion specified in the terms of reference is not fulfilled, the financial bid will not be opened and the tender will likewise be excluded. The specific weighting of the technical and financial bid will be specified in the letter to the candidates/tenderers. Fixed budget items stipulated in the tender documents for the financial bid are not included in the evaluation and weighting of financial bids.

10. Candidate/bidding consortia Candidate or bidding consortia must designate a lead member and authorise this member to represent the consortium and receive payments in discharge of GIZ’s liability towards for all members of the consortium. A formal agreement to this effect must be signed by each member of the consortium and attached to the request to participate or the tender. This can be done using the template provided by GIZ.

11. Subcontracting party and eligibility based on the capacities of other entities

11.1 Subcontracting party with eligibility based on the capacities of other entities

If candidates/tenderers intend to make use of the capacities of another person or company to implement a contract, they are required to prove that the relevant capacities are at their disposal to implement the con- tract or will be delivered by the subcontractor in question; to do so they must complete and submit the ‘Declaration of eligibility through reliance upon the capacities of other entities’ form.

11.2 Subcontracting party If a candidate/tenderer intends to let a subcontractor implement some of the services, the nature and extent of these services must be stated with the submission of the tender, and the subcontractor must be men- tioned by name.

12. Changes to requests to participate or tenders; variant tenders Corrections of, or changes to requests to participate or tenders must be submitted in the same form as the original request to participate or tender. They must be unequivocal. Variant tenders are not permitted. Any variant tenders submitted shall be excluded, but do not lead to the main tender being excluded.

13. Storage and processing of personal data The storage and processing of personal data at GIZ is carried out in accordance with the document ‘Infor- mation on data processing pursuant to Article 13 of the General Data Protection Regulation (GDPR) (Data Privacy Policy)’, which is attached to these tender documents.

14. Duty to inform in the event of prior involvement If the list of proposed experts includes anyone who advised GIZ before the award procedure or was involved in preparation of the award procedure in any other way, the candidate/tenderer must inform GIZ of this fact.

15. Candidates/tenderers from non-covered third countries GIZ reserves the right to exclude candidates/tenderers based in countries outside the European Union that are neither party to the World Trade Organization Agreement on Government Procurement nor to any other international agreement with the European Union on ensuring equal and reciprocal access to participation

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in public procurement procedures (‘non-covered third country’) from participation in this specific procure- ment procedure at any time during the procurement procedure. Candidates/tenderers based in non-covered third countries are also not entitled to legal protection from review bodies under public procurement law. This section applies mutatis mutandis to candidate/bidding consortia in which at least one member of the consortium is based in a non-covered third country. This section also applies accordingly to candidates/tenderers who, as part of the eligibility through reliance upon the capacities of other entities, make use of a company which is based in non-covered third country.

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