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References are documents with which the applicant for a public contract in an award procedure proves his technical and professional ability within the meaning of § 122 GWB .

Public contracts are only awarded to competent and efficient (suitable) companies. A company is suitable if it meets the criteria (suitability criteria) specified in detail by the contracting authority for the proper execution of the public contract. The eligibility criteria also include technical and professional ability, which must be proven by suitable references. Proof of the performance of at least one service comparable to the public contract in the last three years is suitable ( Section 46 (3) No. 1 VgV ). If the bidder is to name a number of reference projects, the minimum number of these must be specified precisely in the tender.

A reference service is comparable to the service advertised if it is so similar that it provides a solid conclusion about the performance of the bidder for the service advertised. When assessing the question of the comparability of the reference, the registry has only limited verifiable scope for assessment .

In the context of the aptitude test, the contracting authorities may not impose any material requirements on the technical and professional performance of the applicants other than requirements on the necessary human and technical resources and the required experience. Section 46 (3) VgV provides a final regulation in this respect.

Missing, outdated or unsuitable references can be a reason for exclusion from the further award procedure. According to Section 56 (2) VgV, missing, incomplete or incorrect company-related documents may be submitted, completed or corrected. However, it is not permitted to amend the content of the present declarations.

Web links

Individual evidence

  1. Munich Higher Regional Court, decision of November 12, 2012 - Verg 23/12 No. 47
  2. Munich Public Procurement Chamber, decision of May 9, 2016 - Z3-3 / 31941/10/03/16
  3. Munich Higher Regional Court, decision of November 12, 2012 - Verg 23/12 No. 49 ff.
  4. Rüdiger Schilke: When is the reference service in the public procurement procedure comparable with the service advertised? 2013 (on OLG Munich, decision of November 12, 2012 - Verg 23/12)
  5. ^ Ordinance on the modernization of procurement law (Verification Modernization Ordinance - VergRModVO) BT-Drs. 18/7318 of January 20, 2016, p. 183 f.
  6. Wolfram Krohn, Tobias Schneider: New specifications for the aptitude test March 6, 2017
  7. Daniel Soudry: No additional request for missing information on references (OLG Düsseldorf, November 7, 2018, VII-Verg 39/18) July 9, 2019