Referenzen für „Systemtrennwände" müssen auch deren Montage umfassen!

📝 Facts: A contracting authority issued a tender for system partition walls as a construction service ("carpentry installation work" / "installation of partition walls") for a new building. As proof of suitability, bidders were required to submit, among other things, three comparable references, each specifying the relevant scope of work performed by their own personnel. The applicant (ASt) submitted the lowest bid but stated that they would subcontract the installation work. Upon request, they submitted three references, which, however, showed that they had only supervised the installation and had not carried it out with their own personnel. The contracting authority excluded the bid and intended to award the contract to the third-ranked bidder. The applicant challenged the exclusion and ultimately filed a review application. 💡 Key Point of the Decision: The Public Procurement Chamber of Northern Bavaria (VK Nordbayern) rejected the review application. The exclusion of the applicant was lawful because their references did not demonstrate the required comparability with the service specified in the tender. The installation of partition walls is not a minor component of the service; it accounts for approximately 25% of the total contract value, is technically demanding (including sealing and sound insulation), and significantly shapes the tender specifications, as is evident from the designation as "installation work" in the tender notice. Mere installation supervision by the applicant's own personnel is insufficient. Since the applicant could not demonstrate that the installation would be carried out by its own personnel, it should have utilized the capabilities of a subcontractor for this service area and submitted corresponding references from the subcontractor. Furthermore, the exclusion due to the failure to submit the subcontractor's declaration of commitment was also legally sound under procurement law.