Your (non-pre\u00adqual\u00adi\u00adfied) com\u00adpa\u00adny has appar\u00adent\u00adly been short\u00adlist\u00aded. Obvi\u00adous\u00adly, because the con\u00adtract\u00ading author\u00adi\u00adty sud\u00adden\u00adly wants to see all kinds of proofs from you, relat\u00aded to your orga\u00adni\u00adza\u00adtion, your law\u00adful\u00adness and reli\u00ada\u00adbil\u00adi\u00adty, etc. They get into a rush and hur\u00adry. Could\u00adn\u2019t this have been known in advance? <\/p>\n
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If this is your expe\u00adri\u00adence, you are often still in the suit\u00adabil\u00adi\u00adty test\u00ading stage. In this respect, the client must check, for exam\u00adple, whether your com\u00adpa\u00adny is eco\u00adnom\u00adi\u00adcal\u00adly-finan\u00adcial\u00adly and tech\u00adno\u00adlog\u00adi\u00adcal\u00adly-pro\u00adfes\u00adsion\u00adal\u00adly capa\u00adble of exe\u00adcut\u00ading the order. In prin\u00adci\u00adple, it may stip\u00adu\u00adlate that self-dec\u00adla\u00adra\u00adtions are suf\u00adfi\u00adcient for indi\u00advid\u00adual dis\u00adclo\u00adsures. How\u00adev\u00ader, these self-dec\u00adla\u00adra\u00adtions usu\u00adal\u00adly serve only as pre\u00adlim\u00adi\u00adnary evi\u00addence. They shall be con\u00adfirmed by the bid\u00adders whose bids are short\u00adlist\u00aded by appro\u00adpri\u00adate cer\u00adtifi\u00adcates issued by the com\u00adpe\u00adtent author\u00adi\u00adties. In some cas\u00ades, it is even explic\u00adit\u00adly defined who is such a bid\u00adder, i.e. whose bid has been short\u00adlist\u00aded. For exam\u00adple, in the open pro\u00adce\u00addure, it is the bid that is to be award\u00aded the con\u00adtract. <\/p>\n
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In most cas\u00ades, the client will not sim\u00adply ask you to pro\u00advide evi\u00addence in the near future. He will \u2014 by no means always, but in gen\u00ader\u00adal \u2014 set a dead\u00adline or at least request an \u201cimme\u00addi\u00adate\u201d sub\u00admis\u00adsion. Many con\u00adtract\u00ading author\u00adi\u00adties are guid\u00aded by the 6\u2011day rule of Sec\u00adtion 16a (4) sen\u00adtence 2 EU VOB\/A or Sec\u00adtion 16a (4) sen\u00adtence 2 VOB\/A 1st sec\u00adtion. Accord\u00ading to this, the peri\u00adod of grace should not exceed six cal\u00aden\u00addar days. How\u00adev\u00ader, the ques\u00adtion aris\u00ades as to how bind\u00ading \u201cshall\u201d is in indi\u00advid\u00adual cas\u00ades. Anoth\u00ader ques\u00adtion is whether this rather strict dead\u00adline (six days is not much, espe\u00adcial\u00adly if there is a week\u00adend in between) should be applied at all. After all, the proofs are not request\u00aded sub\u00adse\u00adquent\u00adly, but for the first time. The sit\u00adu\u00ada\u00adtion may be dif\u00adfer\u00adent again if, for exam\u00adple, the con\u00adtract\u00ading author\u00adi\u00adty express\u00adly states in the announce\u00adment or invi\u00adta\u00adtion to ten\u00adder that it will allow six days for the pro\u00advi\u00adsion of evi\u00addence. But have the indi\u00advid\u00adual items of evi\u00addence that are now to be sub\u00admit\u00adted been defined with suf\u00adfi\u00adcient clar\u00adi\u00adty and deter\u00admi\u00adna\u00adtion? And what actu\u00adal\u00adly applies if you miss the dead\u00adline? <\/p>\n
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In con\u00adclu\u00adsion, one thing above all is true: There is a lot that is unclear here. Nev\u00ader\u00adthe\u00adless, always pay atten\u00adtion to the exact proof require\u00adments and, of course, also the dead\u00adline that the client requires to be observed. After all, who (apart from lawyers) wants a dis\u00adpute? Vio\u00adla\u00adtions of dead\u00adlines in award pro\u00adce\u00addures usu\u00adal\u00adly have very neg\u00ada\u00adtive con\u00adse\u00adquences (first and fore\u00admost: exclu\u00adsion of bids). At the same time, how\u00adev\u00ader, the fol\u00adlow\u00ading also applies: no bid\u00adder should accept exclu\u00adsion, e.g., because of an alleged\u00adly bro\u00adken dead\u00adline, with\u00adout a lawyer\u2019s exam\u00adi\u00adna\u00adtion. <\/p>\n
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If you see that cer\u00adtain ver\u00adi\u00adfi\u00adca\u00adtion require\u00adments, which may even be dif\u00adfi\u00adcult for you to ful\u00adfill, will be com\u00ading your way, it is best to obtain the rel\u00ade\u00advant ver\u00adi\u00adfi\u00adca\u00adtions ear\u00adly on. Do not wait until the clien\u00adt\u2019s request, which is usu\u00adal\u00adly sub\u00adject to a dead\u00adline, flut\u00adters through the door. If, excep\u00adtion\u00adal\u00adly, you are unable to meet the dead\u00adline either through good prepa\u00adra\u00adtion or by act\u00ading quick\u00adly, con\u00adsid\u00ader apply\u00ading for an exten\u00adsion of the dead\u00adline and, if nec\u00ades\u00adsary, also a com\u00adplaint. <\/p>\n
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*This legal tip is not a sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, nor is it spe\u00adcif\u00adic to your case, and it also rep\u00adre\u00adsents a snap\u00adshot in time, as legal prin\u00adci\u00adples and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves enter\u00adtain\u00adment and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Your (non-pre\u00adqual\u00adi\u00ad\u00adfied) com\u00adpa\u00adny has appar\u00adent\u00adly been short\u00adlist\u00aded. Obvi\u00adous\u00adly, because the con\u00adtract\u00ading author\u00adi\u00adty sud\u00adden\u00adly wants to see all kinds of proofs from you, relat\u00aded to your orga\u00adni\u00adza\u00adtion, your law\u00adful\u00adness and reli\u00ada\u00adbil\u00adi\u00adty, etc. They get into a rush and hur\u00adry. Could\u00adn\u2019t this have been known in advance? Legal basis If this is your expe\u00adri\u00adence, you are often [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":15631,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[171],"tags":[],"team_kategorien":[],"lexikon_kategorie":[],"class_list":["post-15218","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-procurement-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15218"}],"version-history":[{"count":3,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15218\/revisions"}],"predecessor-version":[{"id":15225,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15218\/revisions\/15225"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/15631"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15218"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15218"},{"taxonomy":"lexikon_kategorie","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/lexikon_kategorie?post=15218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}