BKK GesundheitsFinder & Co. - Operation and further development of web applications

(1) In order to prove the qualification and permission to pursue the profession, the tenderer shall provide the following information and declarations. Provide documents as proof: - Business Registration Statement: Proof of registration in the Business Registry of the State in which the bidder is established, who may not be older than three months at the time of expiry of the offer period. If a bidder is not obliged to be entered in a professional or commercial register under the law of the country in which he is established, he has to make a corresponding self-declaration about this and about the reasons (e.g. the legal form). Alternative proof: If the bidder is not listed in the commercial register, proof of the permitted professional practice in another way (e.g. registration in a partnership or association register, membership in an economic association) is sufficient. (2) To provide evidence, the 2.4 Declaration Competence and permission for professional practice must be used. Supplementary evidence (e.g. trade register extract) must be attached as separate attachments to the offer.

In order to prove the economic and financial capacity (paragraph 5.1.9 of the contract notice), the tenderer must make the following declarations: - Total turnover: Annual turnover in EUR (net) in relation to the last three completed financial years (2025, 2024, 2023) before the expiry of the offer period. Minimum requirement: The total turnover must be at least 800,000 euros per year. The 2.5 Declaration of economic and financial capacity shall be used to provide evidence. Supplementary evidence shall be attached as separate annexes to the offer.

For proof of economic and financial capacity, the tenderer must make the following declarations: - Specific turnover: annual turnover related to the field of activity of the contract in EUR (net) related to the last three financial years before the expiry of the offer period (2025, 2024 and 2023). The area of activity includes the further development and operation of online applications. Minimum requirement: The specific annual turnover must be at least 500,000 euros per year. The 2.5 Declaration of economic and financial capacity shall be used to provide evidence. Supplementary evidence shall be attached as separate annexes to the offer.

To prove economic and financial capacity, the tenderer must make the following declarations: - Proof of company liability insurance for personal, property and property damage for activities that are the subject of this contract. The proof must not be older than six months at the time of the expiry of the offer period and must show the amounts of cover agreed with the insurance undertaking. Minimum requirement: The cover sum of the company liability insurance must show the following minimum cover sums per claim: - Personal injury: at least. EUR 2.000.000,00 - Property damages: at least. EUR 2.000.000,00 - Property damages: at least. EUR 500.000.00 If a bidder does not yet have insurance coverage or does not fully meet the minimum requirements for the amounts covered, a declaration of an insurance company must be submitted, according to which the insurer agrees to take out a corresponding insurance. extend the existing cover in such a way that the abovementioned conditions are fully met. The 2.5 Declaration of economic and financial capacity shall be used to provide evidence. Supplementary proof (e.g. insurance proof) must be attached to the offer as separate requirements.

For proof of technical and professional performance, the tenderer must provide the following declarations: (a) Suitable references about previously executed contracts in the form of a list of the essential services provided in the last four years before the expiry of the participation application period, with the following information: - Description of the services provided according to type, scope and difficulties (especially operation) - and / or (further) development of several high-availability web applications on an MVC basis / LAMP stack / order in the industry environment of the healthcare sector / and/or further development of several web applications on an MVC basis / LAMP stack / operation and/or further development of service provider information systems in the medical/midwife/hospital/care area / handling of quality data in the context of the SGB V/XI - increased data protection requirements and IT security - contract value in EUR (net) - performance period - declaration on the performance of the services as a contractor, subcontractor or as a member of a working group - Competent contact person at the client (reference provider) with contact data Minimum requirement: At least three references (each separate contract) of services comparable in nature, scope and difficulty to the services of the contract to be awarded here shall be provided. This is the case if the following performance ranges and order scope are fully met by the references: - Performance ranges: o Performance range 1: A reference project that includes the operation of multiple web applications on MVC basis / LAMP stack and/or further development of multiple web applications on MVC basis / LAMP stack. o Service area 2: Operation and / or further development of service provider information systems in the doctor/midwife/hospital/care area. o Service area 3: handling of quality and transparency data in the context of §§ 136 b (1) sentence 1 number 3 SGB V and 115 paragraph 1a as well as 7 paragraph 3 SGB XI. A reference may include all three, but must include at least one of the above power ranges. In order to meet the minimum requirement, each power band shall be covered by at least one reference and each of the at least three references to be submitted shall be covered by a power band. o Scope of order: The project scope per reference must > 300,000.00 EUR net. In order to submit the required declarations, the corresponding section in the 2.6 Declaration technical and professional capacity must be completed and, if necessary, to supplement own installations as required.

In order to prove technical and professional performance, the tenderer must make the following declarations: Personnel: Statement, which shows the annual number - of permanent employees, - of managers, - of permanent employees in the field of activity "project management", - of permanent employees in the field of activity "software development, software testing" and - of permanent employees in the field of activity "UX/UI design, web design" of the applicant in the last three years (2024, 2025, 2026). Minimum requirement: On average for the last three years before the expiry of the application period, the following minimum numbers of employees per field of activity must be met: - Permanent employees in the field of activity "Project Management": at least 3 - Permanent employees in the field of activity "Software development, software testing": at least 5 - Permanent employees in the field of activity "UX/UI design, Web design": at least 3 In order to submit the declarations required, the corresponding section in the 2.6 Declaration of technical and professional capacity must be completed and, if necessary, to supplement own equipment as required.

Bidders must declare the absence of the exclusion grounds mentioned in § 123 GWB and § 124 GWB. This declaration also includes the absence of the provisions of § 124 para. 2 GWB i.V.m. § 19 para. § 21 Minimum Wage Act (MiLoG), § 124 para. 2 GWB i.V.m. § 21 para. § 23 Posting of Workers Act (AEntG), § 124 Abs. § 98c para 1 s. 1 Residence Act (AufenthG), § 124 para. 2 GWB i.V.m. § 21 para. 1, 2 Act against undeclared work (SchwarzArbG), § 124 para. 2 GWB i.V.m. § 22 para. 2 Supply chain due diligence law (LkSG) and § 124 para. 2 GWB i.V.m. § 14 Federal Tariff Compliance Act (BTTG) named exclusion grounds. The declaration shall use 2.7 Declaration for exclusion. (2) The client points out that it is in accordance with § 19 para. 4 MiLoG, § 21 Abs. 4 AEntG, § 21 Abs. 5 SchwarzArbG and § 98c para 3 AufenthG i.V.m. § 21 para. 4 AEntG is obliged, before the award of the contract for the bidder who is to receive the contract, to provide information from the competition register according to § 6 Abs. 1 WRegG on the (non-)existence of the respective exclusion grounds. (3) If a bidder has a reason for exclusion pursuant to § 123 GWB or § 124 GWB, he has to take self-cleaning measures. To this end, it must be demonstrated that: (1) he has paid compensation or undertaken to pay compensation for any damage caused by a criminal offence or misconduct; (2) he has clarified fully the facts and circumstances relating to the criminal offence or misconduct and the damage caused thereby through active cooperation with the investigating authorities and the contracting authority; and (3) he has taken specific technical, organisational and personnel measures which are suitable to avoid further offences or misconduct. (4) The client evaluates the self-cleaning measures taken by the bidder and takes into account the seriousness and special circumstances of the crime or misconduct. If the contracting authority/entity considers the self-cleaning measures to be insufficient, it shall give reasons to the tenderer. (5) Also in the case of a breach of § 124 para 2 GWB i.V.m. § 19 para. § 21 MiLoG, § 124 Abs. 2 GWB i.V.m. § 21 para. § 23 AEntG, § 124 Abs. 2 GWB i.V.m. § 98c para 1 p. 1 AufenthG, § 124 para 2 GWB i.V.m. § 22 para. 2 LkSG and § 124 Abs. § 14 BTTG the bidder is not excluded if he has proven the restoration of reliability. (6) If the bidder does not meet his obligations to pay taxes, duties and contributions to the social insurance and this is established by a legally binding court or administrative decision (§ 123 para 4 s. 1 no. 1 GWB), an exclusion shall not apply if the bidder proves that he has fulfilled his obligations by making the payment or by undertaking to pay the taxes, duties and contributions to the social insurance including interest, late payment and penalties. (7) Contracting authorities shall be obliged to award contracts above the EU thresholds laid down in the Treaty on the 8th of December 2016. Council Regulation (EU) 2022/576 of 8 April 2022 published in the Official Journal April 2022 amending Regulations (EU) No 833/2014 (hereinafter: Sanctions Regulation) to implement standardised sanctions. According to Art. 5k of the Sanctions Regulation, there is in particular a prohibition on the award of contracts. The contract prohibition states that persons or companies subject to the sanctions regulation may no longer receive public contracts. All bidders or all members of a bidding group must therefore make the corresponding declaration within the framework of the 2.7 self-declaration reasons for exclusion. Tenders from undertakings not making this declaration shall be excluded from the procedure.