The offer of the ASt rating according to the criteria price, technical merit and design as well as

It is equitable ( 128 Section 3 Sentence 5 ARC), the ASt to pay the costs if they took their petition for review back when she recognized texas board of health him as hopeless. This is the usual reason for a withdrawal of the applications.
Agents: texas board of health
The public procurement tribunal Northern Bavaria with the Government of Middle Franconia shall, without a hearing on 24.04.2012 by the chairman ..., the full-time assessors ... and the honorary assessors following ...
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In "Preliminary specifications and to the Services" it says "4.1 General" and others ". Execution planning and the stability texas board of health proof for the new ... including the bored pile walls are created by the client texas board of health and passed to the AN after the order was placed"
For a variant solution texas board of health ... is to create texas board of health the necessary for this by offering design documents (detailed design and structural design) itself by the contractor. The costs incurred for this effort is in addition to offer to offer with separately. ... " texas board of health
The ASt submitted three alternative texas board of health tenders. As part of the variant 2, the ASt has been calculated on the position 03,140,136 for technical processing of the structural design and the implementation planning a separate amount.
The ASt reached as evidenced of the notice of VSt taking into account texas board of health ancillary offers 2 and 3 the third Rank. The VSt evaluated the total net price of the offer including the price of ASt position 03140136 of the variant 2
The offer of the ASt rating according to the criteria price, technical merit and design as well as their weighting and evaluation in point values was shown. The ASt had scored 975 points. The selection of the proposed contractor had reached 1000 points. Whose name was not provided.
The ASt informed by letter dated 23.03.2012, she had learned the day before that the so far lowest bidder was eliminated from the process. Under this aspect is now offering the ASt the most economical offer. In the evaluation, the cost savings is to be considered for discontinuation of to be appointed by the VSt execution and structural design.
On 27.03.2012 the VSt dismissed the complaint and called the name of the cheapest bidder. The reasons for not considering the offer of ASt were explained again. A counter-statement of benefits for execution and structural engineering is not possible, because those benefits already commissioned as a basis for the preparation of tender documents and had already been rendered.
3 the ASt to grant access texas board of health to the file in the award documents WHT, WHT pay the costs, texas board of health including the need for appropriate prosecution costs incurred by the ASt determine that the assistance of the Agent of the ASt was necessary.
The ASt was injured in their rights, because the VSt have made a wrong classification. A correct classification the ASt would have to reach 850 points for the price, so that they would have obtained a total of 1000 points. texas board of health The ASt have (03140136 position) are listed separately in their bid the cost of power for execution and structural engineering, as had expressly requested the VSt. The VSt have to attribute this cost position in the ranking than saved expenses. It is the one can not be assumed that were the execution and structural engineering for the project already commissioned or performed. According to general experience, they claimed texas board of health that a gradual commissioning of engineering. Secondly, could a termination occur at a possibly orders represent, so that a fraction of the agreed remuneration should texas board of health be paid to the authorized engineering office then only. Taking into account the side offers 2 and 3 and in the deduction texas board of health of position 03,140,136 was the offer of ASt thus significantly cheaper than the offer of BGI. By letter dated 04.04.2012 the ASt added their remarks.
I. The request for examination of ASt is rejected as inadmissible. texas board of health Alternatively: The petition for review is dismissed as unfounded. texas board of health II The involvement of the Agent of the VSt pursuant to 128 Section 4 of the ARC stated necessary. III. The ASt ordered to pay the costs, including the costs required to expediently appropriate prosecution of ASt expenses.
The WHT has already hired an engineering firm to plan performance. Both the phases 5-9 with respect to transportation facilities, civil engineering structure groundwater basin, engineer building bridges and service phases 1-6 in terms of structural design groundwater basin and structural engineering bridge had already been commissioned in full. For this purpose the VSt laid the engineering contract before, from which the loading