{"id":21565,"date":"2024-02-03T18:03:40","date_gmt":"2024-02-03T17:03:40","guid":{"rendered":"https:\/\/abante.de\/the-obligation-to-draw-lots\/"},"modified":"2024-02-03T18:03:40","modified_gmt":"2024-02-03T17:03:40","slug":"the-obligation-to-draw-lots","status":"publish","type":"page","link":"https:\/\/abante.de\/en\/the-obligation-to-draw-lots\/","title":{"rendered":"The oblig\u00ada\u00adtion to draw lots"},"content":{"rendered":"<p>Ser\u00advices must be award\u00aded sep\u00ada\u00adrate\u00adly accord\u00ading to quan\u00adti\u00adties (par\u00adtial lots) and spe\u00adcial\u00adist areas (spe\u00adcial\u00adist lots). There is a basic oblig\u00ada\u00adtion to form lots. <\/p>\n<h4>Sense and pur\u00adpose<\/h4>\n<p>The oblig\u00ada\u00adtion to draw lots serves to pro\u00admote small and medi\u00adum-sized enter\u00adpris\u00ades. In addi\u00adtion to pro\u00adtect\u00ading SMEs, the prin\u00adci\u00adple of lot for\u00adma\u00adtion also serves to pro\u00admote com\u00adpe\u00adti\u00adtion, equal treat\u00adment and the preser\u00adva\u00adtion of a broad\u00adly diver\u00adsi\u00adfied mar\u00adket. <\/p>\n<h4>Legal basis<\/h4>\n<p>Sec\u00adtion 97 (4) GWB, but also Sec\u00adtion 30 VgV and Sec\u00adtion 22 UVgO, for exam\u00adple, stip\u00adu\u00adlate that ser\u00advices must be divid\u00aded into quan\u00adti\u00adties (par\u00adtial lots) and award\u00aded sep\u00ada\u00adrate\u00adly accord\u00ading to spe\u00adcial\u00adist area (spe\u00adcial\u00adist lots). Infor\u00adma\u00adtion on the reser\u00adva\u00adtion of a divi\u00adsion into lots, the scope and the pos\u00adsi\u00adble award of lots to dif\u00adfer\u00adent bid\u00adders must already be includ\u00aded in the con\u00adtract award notice.  <\/p>\n<h4>Excep\u00adtions<\/h4>\n<p>In prin\u00adci\u00adple, there is an oblig\u00ada\u00adtion to form lots, unless an excep\u00adtion with\u00adin the mean\u00ading of Sec\u00adtion 97 (4) sen\u00adtence 3 GWB applies. The devi\u00ada\u00adtion from the prin\u00adci\u00adple of lot split\u00adting must be com\u00adpre\u00adhen\u00adsive\u00adly and care\u00adful\u00adly doc\u00adu\u00adment\u00aded and jus\u00adti\u00adfied in order to with\u00adstand a sub\u00adse\u00adquent review. Spe\u00adcif\u00adic argu\u00adments relat\u00ading to the con\u00adcrete con\u00adtract must be put for\u00adward. A weigh\u00ading of inter\u00adests and a dis\u00adcus\u00adsion of the pros and cons are required. And this applies to every sep\u00ada\u00adra\u00adble par\u00adtial ser\u00advice.     <\/p>\n<h4>Eco\u00adnom\u00adic rea\u00adsons<\/h4>\n<p>In indi\u00advid\u00adual cas\u00ades, it is per\u00admis\u00adsi\u00adble to devi\u00adate from the require\u00adment of lot for\u00adma\u00adtion for eco\u00adnom\u00adic rea\u00adsons. Such eco\u00adnom\u00adic rea\u00adsons may exist, for exam\u00adple, if the over\u00adall per\u00adfor\u00admance in accor\u00addance with the con\u00adtract can\u00adnot be ensured or can only be ensured at dis\u00adpro\u00adpor\u00adtion\u00adate expense if the work is divid\u00aded into lots. The addi\u00adtion\u00adal finan\u00adcial out\u00adlay for lot for\u00adma\u00adtion should be quan\u00adti\u00adfied.  <\/p>\n<h4>Tech\u00adni\u00adcal rea\u00adsons<\/h4>\n<p>An over\u00adall award may also be per\u00admis\u00adsi\u00adble in indi\u00advid\u00adual cas\u00ades for tech\u00adni\u00adcal rea\u00adsons. Time, logis\u00adti\u00adcal, con\u00adstruc\u00adtion or safe\u00adty-relat\u00aded frame\u00adwork con\u00addi\u00adtions or sys\u00adtem, pro\u00adduc\u00adtion or coop\u00ader\u00ada\u00adtion-relat\u00aded struc\u00adtures are con\u00adceiv\u00adable. <\/p>\n<h4>Mar\u00adket con\u00adcept decides<\/h4>\n<p>The spe\u00adcif\u00adic mar\u00adket con\u00addi\u00adtions relat\u00ading to the order in ques\u00adtion must always be exam\u00adined. If pos\u00adsi\u00adble, lots that can only be served by a few large com\u00adpa\u00adnies should be avoid\u00aded. <\/p>\n<h4>How we can help you<\/h4>\n<p>If you, as a con\u00adtract\u00ading author\u00adi\u00adty or fund\u00ading recip\u00adi\u00adent, wish to car\u00adry out an over\u00adall award, we will sup\u00adport you with the legal jus\u00adti\u00adfi\u00adca\u00adtion.<\/p>\n<p>If you, as a spe\u00adcial\u00adized com\u00adpa\u00adny, are pre\u00advent\u00aded from sub\u00admit\u00adting an offer due to an incor\u00adrect lot allo\u00adca\u00adtion, please con\u00adtact us imme\u00addi\u00adate\u00adly.<\/p>\n<p>For a non-bind\u00ading inquiry, please con\u00adtact one of our con\u00adtact per\u00adsons direct\u00adly by phone or e\u2011mail or use the con\u00adtact form.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ser\u00advices must be award\u00aded sep\u00ada\u00adrate\u00adly accord\u00ading to quan\u00adti\u00adties (par\u00adtial lots) and spe\u00adcial\u00adist areas (spe\u00adcial\u00adist lots). There is a basic oblig\u00ada\u00adtion to form lots. Sense and pur\u00adpose The oblig\u00ada\u00adtion to draw lots serves to pro\u00admote small and medi\u00adum-sized enter\u00adpris\u00ades. In addi\u00adtion to pro\u00adtect\u00ading SMEs, the prin\u00adci\u00adple of lot for\u00adma\u00adtion also serves to pro\u00admote com\u00adpe\u00adti\u00adtion, equal treat\u00adment [\u2026]<\/p>\n","protected":false},"author":23,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"class_list":["post-21565","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages\/21565","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=21565"}],"version-history":[{"count":0,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/pages\/21565\/revisions"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=21565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}