The public contracting authorities can inquire about the companies of the main and ancillary building trade with regard to their suitability for public building contracts in Germany in the official list of approved economic operators.
The official list of approved economic operators is published and will be updated continuously. There is a freely accessible public part and a password-protected part with details of approved economic operators.
The key to the approved economic operator is his registration number. Thies registration number starts with a 3-digit prefix, which identifies the prqualification office, followed by a 6-digit number ("000000") which is significant for the approved economic operator. Both numerical sequences are split by a 'point'.
By means of the prefix the following prequalification offices can be itentified:
- 101. - DQB - Deutsche Gesellschaft für Qualifizierung und Bewertung GmbH
- 011. - DVGW CERT GmbH
- 110. - PöyryCert GmbH & Co.KG
- 001. - VMC Präqualifikation GmbH
- 010. - Zertifizierung Bau GmbH
- 100. - PQ-Bau GmbH
The public part of the list of approved economic operators gives information about name, adress, service ranges and registration number of the approved economic operator.
The password protected part of the list of approved economic operators additionally gives information about evaluation of the approved economic operator in accordance with the submitted certificates required by §6a VOB/A , §6a EU VOB/A respectively §6a VS VOB/A.
The public contracting authorities can get a Login to the password protected part of the list of approved economic operators filling and sending a form "Request Login" at no charge. In case of subcontracting of engineering offices by public contracting authorities for approving economic operators, these commissioned offices can also get a Login filling and sending the form "Request Login" at no charge. This requires a additional written confirmation of the public conbtracting authorities that the engeneering office works by order of the public contracting authority. While performing a Login, the website switches to secure mode (HTTPS) and the login data is transmitted in encrypted form.
If a company proves its suitability for a particular job by means of a reference to entry in the official list of approved economic operators, the following suitability criteria are fulfilled:
The validity of the prequalification and its evidence always results from the current Internet excerpt. Certificates with a duration are not issued by the PQ-Verein and are not valid. The PQ offices continuously update evidence of the approved economic operators as far as available. Expiring certificates result in an immediate withdrawal of the prequalification. This does not affect the consideration of current findings of the public contracting authorities with the company concerned.
In connection with the prequalification, approved economic operators have the opportunity to have "Additional evidence" added to the PQ list on their own responsibility and independently of the prequalification in accordance with the Annex "Additional evidence".
Additional supporting documents relating to the specific contract (contract-related information) may be required and must be specified in the tender documents. This may include, for example, evidence of the professional competence of tenderers in relation to the technical requirements of the works to be tendered or information on their economic capacity and may also include the scope of the services.
The public contracting authorities receive an access authorisation (name and password) from the PQ-Verein after filling and sendig a corresponding form, with which they are entitled to a detailed view of the data of the approved economic operators. The form for a password includes a confidentiality agreement of the public contracting authorities for its employees using the password. This excludes any commercial use or disclosure of the data to third parties, or use of the data for purposes other than pre-qualification.
- Evidence, that reasons for exclusion according § 6a Section 2 No. 5 to 8 VOB/A do not apply (see. no. 1. to 3, 6 to 8, 111) Annex 1 of the guideline from 23.09.2016);
- Evidence of proper business registration and entry in the commercial register and in the professional register of the company headquarters according § 6a Section 2 no. 4 (see no. 12 Annex 1);
- Legal obligations:
- Proof that there are no entries in the central business register 2) according § 150a GewO , which may justify an exclusion according § 21 SchwarzArbG or according § 21 Section 1 AEntG (see no. 4 Annex 1);
- Evidence of the obligation to pay the minimum wage (§ 1 AEntG),as far as this obligation appropriates (see no. 9 Annex 1);
- Evidence that there is no entry in the state corruption registe (see no. 5 Annex 1);
- Evidence of the obligation to use only subcontractors who are themselves prequalified or who can demonstrate by itemised evidence that all prequalification criteria are met, to notify the public contracting authority of any use of subcontractors, to indicate in good time the name and reference number under which the subcontractor is included in the official list of approved economic operators for the range of services to be performed, to submit to the public contracting authority, on request and on a case-by-case basis, the subcontractor's proof of suitability, (see no. 9 Annex 1);
1) The public contracting authorities are informed that due to a delay in updating the exemption certificate pursuant to § 48b EstG, or the qualified clearance certificates issued by the Employer's Liability Insurance Association, or the Soka-Bau Collective Agreement Social Fund, approved economic operators may remain on the official list of approved economic operators for up to 2 weeks after the expiration of the above-mentioned certificates pursuant to current no. 7, 8 and 11 of Annex 1 to the Guideline. In this case, it is the responsibility of the public contracting authority, before awarding the contract, to verify once again, on the basis of the official list of approved economic operators, the submission of valid certificates in accordance with current no. 7, 8 and 11 of Annex 1 to the Guideline. In agreement with the PQ-Verein, other proofs may also be accepted, if necessary, until the concrete evidences required are available in all regions.
2) The public contracting authorities are informed that the guideline was udapted with the issue of 14.09.2007 to the new legal regulation "Second Law on the Reduction of Bureaucratic Barriers, especially in Small and Medium-Sized Enterprises (MEG II)". (see also Erlass des BMVBS vom 17.09.2007. For this reason, the evidence from the GWZR was replaced by a self-declaration as proof in accordance with Guideline Annex 1, No. 4.
- Evidence of the total turnover for construction services of the contractor in the last three financial years closed (see no. 13 Annex 1);
- Evidnece that services rendered in the company's own operations in the last five completed calendar years for one or more individual services to be qualified and/or complete services have been performed in accordance with the order (see no. 14 Annex 1);
- Self-declaration that the entity has substantially or persistently deficiently fulfilled all requirements in the performance of an earlier public contract and that this has not resulted in premature termination, damages or a comparable legal consequence.
- Evidence of the average annual number of employees in the last three completed calendar years, broken down by wage group with specially designated technical management personnel (see no. 16 Annex 1).
- The following information can also be obtained for information purposes:
- Declaration of compliance to federal wage agreements;
- Declaration of compliance to federal states wage agreements (optionaly available at 'Additional evidences');
- Declaration of preferred candidate(s) under the Directive for the inclusion of workshops for the disabled and workshops for the blind in public procurement contracts.