In the target area (Building L0516A.E10) of the Super Fragment Separator of the new particle
accelerator at the FAIR facility, nine different assembly units (vacuum chamber, magnets, beam
catchers) need to be installed. These assembly units are currently still in production, pre-assembly,
or stored in GSI halls. Some of the assembly units are so heavy that, after test assembly, they must
be transported, lifted, and reassembled at the final location in a disassembled state.
A hall crane with a load capacity of 80 tons is available for installation.
The scope of work includes frequent on-site presence during the planning phase and permanent
presence during the execution of the assembly.
The contractor is responsible for independently planning the individual assembly steps as well as
preparing the technical specifications and requirements for subcontracting the assembly to suitable
specialized companies. Subsequently, the bids are to be evaluated and prepared for awarding. FAIR
GmbH will then handle the awarding process, while the contractor will execute and supervise the
assembly on-site at the construction site.

Nine assembly units must be installed at their final location in Building L0516A.E10 on the FAIR
premises and aligned with millimeter precision to the beamline. This assembly service will be carried
out by third parties. The contractor (AN) is responsible for carrying out the detailed planning of the
assembly process, preparing the required tender documents, describing the scope of the individual
assembly steps, and ensuring compliance with the GSI/FAIR tendering guidelines.

The applicants are made aware of the legal meaning of § 160, para. 3 of the German Act Against Restraints of Competition, particularly its no. 4.
§ 160 Introduction, Application

(1) The public procurement tribunal shall initiate review procedures only upon application.
(2) Every undertaking which has an interest in the contract and claims that its rights under § 97 para. 7 were violated by non-compliance with the provisions governing the awarding of public contracts has the right to file an application. In doing so, it must be shown that the undertaking has suffered a loss, or may be about to suffer a loss, in consequence of the alleged violation of provisions governing the awarding of public contracts.
(3) The application is inadmissible, if

1. the applicant became aware of the violation of provisions governing the awarding of public contracts during the award procedure and did not object to the contracting entity without undue delay.

2. violations of provisions governing the awarding of public contracts which become apparent from the tender notice are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application.

3. violations of provisions governing the awarding of public contracts which only become apparent from the award documents are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application.

4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the complaint.
Sentence 1 shall not apply to an application under § 101b (1) no. 2 to have the award contract declared ineffective. § 101a para. 1 sentence 2 shall remain unaffected.

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.

FAIR expressly reserves the right according to § 17 para. 11 VgV to award the contract on the basis of the initial offers without entering into negotiations. The initial offers submitted by the deadline are therefore already binding.

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).

GSI/FAIR reserves the right to make a one-off additional request for documents within a period to be specified in the additional request letter in accordance with § 56 VgV.
However, applicants cannot rely on a subsequent request. Ultimately incomplete requests to participate will be excluded (§ 57 Para. 1 No. 2, Para. 3 VgV).

Supporting documents:
- Act Regulating a General Minimum Wage (Mindestlohngesetz - MiLoG) (To be submitted with the participation request by means of self-declaration): Declaration as per Section 19 (3) MiLoG - FAIR preprinted form

- Proofs for subcontractors (To be submitted with the participation request by means of self-declaration): "The name and address of each intended subcontractor must be given when submitting the tender.
Each subcontractor used must meet the same suitability criteria as the primary contractor. Suitable proof for each subcontractor must be submitted.
The subcontractor must also submit
- A declaration of availability (see Declaration of availability preprinted form) together with the request to participate/tender. - FAIR preprinted form"