d) Description of the procurement (II.2.4)
In Section II.2.4, the contracting authority describes the type and scope of the supplies or services.
As a matter of fact, it is about the essence of the service description or the specification of the upper chapters of a service specification. But it still has to be so precise that the service to be awarded can be understood in the same way by all competitors.1 For the contracting authority, it is important here to find a sensible balance between clarity and brevity. He should write the brief description so precisely that it arouses interest in the market.2 He must nevertheless refrain from giving too many details. The naming of the details is a matter of the description of services (§ 31 VgV). The rule of thumb for the brief description is: the shorter, the better. However, the contracting authority must be careful with the description. A superficial, imprecise or even incorrect description can give companies the wrong impression of whether they are able to perform well. An only imprecise determination is detrimental to transparency. 3
In the case of lot assignments, the “description of the procurement” concerns one lot each. In the case of overall awards, there is an overlap with Section II.1.4 “Short description”. The contracting authority has a choice here. He can either refer to section II.1.4.4 Or he splits his description. In section II.1.4 he makes the short description. He uses Section II.2.4 to show the "Type and scope of deliveries or services" in accordance with the instructions on how to fill out the form.
In contrast to the old one, the new notification form only asks for the "type and scope" of the procurement, but not the quantities. In order to specify the scope of supply and service contracts, it is also advisable to specify quantities, provided the contracting authority can provide them.
The standard form does not specify which units of measurement the contracting authority should use to represent the scope. In the case of delivery services that the contracting authority quantifies for a specific order, the information can be given in numbers (e.g. 20 police cars) or in units of quantity (e.g. 300,000 liters of diesel fuel, 700,000 m³ of natural gas). Services can, for example, be commissioned on an hourly basis (e.g. 52 weeks x 30 hours of training) or alternatively according to the number of items according to which the service is to be provided (e.g. windows to be cleaned: 2,200 pieces). For all procurements that can be numerically described or quantified as a quantity, the contracting authority should attach great importance to correctly specifying the main chapters of its specifications with the multipliers. This enables the bidder to assess whether quantities or volumes are large, whether he can cope with them with his company or, conversely, if quantities or volumes are small, whether the profitability of the contract is guaranteed. It is important that the scope is given in key words and does not go into detail.
When announcing an order for a competitive dialogue, its special features must be taken into account. The purpose of this type of procedure is to give the contracting authority the opportunity, in exceptional cases, to develop a difficult-to-draft service description not on its own, but together with the bidders.5 To this end, it conducts a dialogue with the bidders, at the end of which the service description is available. Logically, instead of providing a brief description, he only states his "needs and requirements" in the announcement form.
A “usual” length of the description cannot be specified across the board. It must take place depending on the object of procurement. The eNotices announcement system limits entries to 4,000 characters (per lot). They must be sufficient for a brief summary of the type and scope of the procurement. 6
1Müller-Wrede, in: Müller-Wrede, VOF, § 9 marginal number 37; Voppel / Osenbrück / Bubert, VOF, § 9 Rn. 39.2Schubert, in: Willenbruch / Wieddekind, Veraberecht, § 12 VOL / A Rn. 5.3Noch, Veraberecht kompakt, p. 553.4Rechten, in: Kulartz / Kus / Marx / Portz / Prieß, VgV, § 37 marginal number 34.5 Schwabe, competitive dialogue, negotiation procedure, p. 256 ff. 6 The contracting authority is required to describe the type and scope of its procurement (if necessary for each lot individually) in the contract notice, cf. .Appendix V Part C No. 7 Directive 2014/24 / EU.