1. General information
Berliner Wasserbetriebe (“BWB”) provides a tendering platform for managing tendering procedures that comply with legal requirements.
2. Scope of application
3. Technical requirements
3.1. Once the user has registered successfully, the user is able and authorised to use via a software application the tendering platform functionalities approved for the user in connection with the registration.
3.2. Electronic submission of bids is not permitted for users without the advanced electronic signature as a minimum requirement. If submission of paper bids (or electronic bids with a signed paper form) is approved, this will be specified in the tender documents.
4. Contractual relationship
4.1. To use the tendering platform, the user must have registered successfully.
4.2. The BWB reserves the right to deny use of the tendering platform in the event of the user’s providing incorrect or incomplete information during registration.
4.3. The contractual relationship begins with registration.
4.4. It ends at the latest with BWB discontinuing the provision of the tendering platform. Tendering procedures not concluded at this time are continued in suitable form.
5. Rights of the user
5.1. At the beginning of the contractual relationship, the user is given free of charge the non-exclusive right, restricted to the duration of the contractual relationship, to access the tendering platform via the Internet and to use the functionalities connected with the tendering platform that have been approved for the user. The user does not receive any further usage rights, in particular rights to the tendering platform itself or the software applications or operating software.
5.2. Outside of said rights, the user does not accrue any rights to the tendering platform itself or to the software applications or operating software. All copyrights, name rights, trademark rights or other property rights are reserved by BWB or its licensers.
5.3. The user can end the contractual relationship at any time.
6. Obligations of the user
6.1. The user is obliged to share any change to the user’s data without delay. The tendering platform provides the possibility of making such changes.
6.2. The user must ensure that the user data and the password are not made accessible to unauthorised third parties and that the user’s electronic signature is protected from unauthorised use. Furthermore, the user must keep the data safe from harmful software, such as viruses and Trojans.
6.3. Breaching these obligations entitles BWB to terminate the contractual relationship without notice.
6.4. The user is solely responsible for fulfilling the legal requirements for tenders, in particular that:
- the required papers are requested in due time before the bid submission deadline,
- bids and requests to participate are sent in due time to ensure that they are received in full by BWB at the appropriate location before the application/bid submission deadline,
- the validity of qualified or advanced electronic signatures used in connection with the signing of tender documents is ensured,
- all the electronic bids including all attached documents are legible. The following data formats are approved without limitation:
MS Office formats (Word, Excel, PowerPoint, Access), RTF files, PDF files, (Acrobat), TIFF files, ZIP archives, VISIO files, MS Project files, text files (ASCII, HTML, etc.), JPG files; GAEB files in XML format; AutoCAD files – DWG format 2013
- With regard to the use of other file formats, the user must ensure in due time before submitting a bid that it will be possible for BWB to process the bid.
- BWB will manage the correspondence required throughout the procedure fundamentally via the tendering platform. The user must ensure that the information provided in the user’s electronic mailbox is received in due time to allow any applicable legal requirements for tenders to be complied with.
- When information is provided via the tendering platform, BWB informs the user of this via the user’s email address provided during registration.
- This also applies to users who are not utilising the full functionality of the tendering platform and who are sending their bids in paper form (where this is permitted in the procedure).
7. Tendering procedure
7.1. If bids and requests to participate are submitted partly in electronic form and partly in conventional form, the user must ensure that all tender documents are received in full by BWB at the appropriate location before the bid submission deadline. Differences/contradictions between documents submitted partly in electronic form and partly in conventional form are borne by the user and may result in the bid being rejected.
7.2. Bids and requests to participate are not deemed received until they have been fully saved on the tendering platform. The beginning of the data receipt alone is not sufficient.
7.3. If bids or requests to participate are withdrawn before the particular deadline, this must be performed by the user in the user’s work area. A new bid/request to participate can only be submitted once this has been completed.
7.4. BWB is not able to view the encrypted bids until the opening of tenders.