You want to participate in school transportation in your district. And then this: The tender documents stipulate a fixed payment per kilometer. But this price is far too low. Not only do you not earn anything, you also pay more.
What to do?
First of all: Don’t just accept it. Act immediately (preferably with legal support). If you have a problem with the specifications of a public contracting authority in a public procurement procedure, then reprimand. Do not point out, criticize, complain, or issue “clarifying notices” or “binding concretizations.” Do not express your lack of understanding, do not suggest “optimizations”. But rather: Reprimand. And, please, by the deadline!
And in terms of content?
Fixed price specifications are by no means permissible without further ado. The awarding authority must take a number of things into account here. Example: Section 58 (2) sentence 3 VgV. Even partial fixed price specifications do not take place in a legal vacuum. They can, for example, mean a disproportionate impediment to the calculation and provision of services. They also impair the sense and purpose of the award procedure, namely to find the best price on the market first and foremost. This is only one of many arguments which should be justified in detail in the complaint in order to dissuade the contracting authority from taking the wrong path.
Any questions?
Feel free to call anytime at 0341 910 28405. “Abante Rechtsanwälte” is active in public procurement and contract law nationwide. We will give you a first overview of your options by telephone, free of charge and without obligation.
*This legal tip is no substitute for legal advice in individual cases. By its very nature, it is incomplete, it does not relate to your case, and it also represents a snapshot, as the legal basis and case law change over time. It cannot and does not cover all conceivable constellations, serves maintenance and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.