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Specialist literature Comments and manuals The award of freelance services above and below the threshold values Explanations and recommendations for use III Award regulations for freelance services - VOF General Regulations § 9 Announcements
The award of freelance services above and below the threshold values
Kaufhold / Kalte / Wiesner / Reichl
Freelance services (VOF)
2 National Announcements
According to Paragraph 4 Clause 4, the clients are free to publish their intention to carry out an award procedure by means of an announcement in the national area in the official gazettes or in the press of their country. However, these notices cannot be made in the national press before the date on which they are sent to the Publications Office. In other words, the national press may publish at the earliest on the same day that the Publications Office receives the announcement text by fax or e-mail. Therefore, advertisements in the national press must also state the date on which the notice text was sent to the Publications Office.
Since a publication in the Supplement to the Official Journal takes place at the latest within five days of electronic transmission and within twelve days of any other type of transmission of the text, a national publication can legally have just as long a lead time. However, the notice in the Official Journal and the national publications must be identical in content. The VOF does not contain an obligation or a recommendation for additional announcement in the national area, but it can be derived from the administrative regulations applicable to the respective contracting authority, e.g. B. from the RBBau1 for building construction measures or the HVA-F StB for measures in the transport sector. Both regulations stipulate that the contracting authorities subject to them must publish their award of freelance services in the federal award platform at http://www.bund.de. In order to better reach freelance workers with the publications, clients are advised to also have the announcements appear in the regular or customary advertisement gazette of the federal government or the state. Instead of the publication of the full text of the advertisement, an advertisement referring to the announcement in the official gazette is sufficient for cost reasons alone. Publications in specialist journals are to be assessed as particularly effective, but because they do not appear so frequently, they can often not be used without delays in the process.
Paragraph 5 also gives clients the option of setting up their own buyer profile instead of the individual publication described on the Internet, in which information about planned and ongoing procurement procedures, contracts awarded and all other information relevant to the award of the contract, such as contact point, telephone and fax number, Address and e-mail address of the client, which would otherwise have to be published in the supplement to the Official Journal of the European Communities. The buyer profile is particularly interesting for clients who regularly have numerous orders to place in all areas.
The only requirement for setting up the buyer profile is a corresponding notification to the Office for Official Publications of the European Communities using standard form 8 (Annex VIII of Regulation (EC) 1564 / 2005,2 so that this process can also be published in the Official Journal of the European Communities In order to avoid violations of procurement law, clients are generally advised to also formulate the information published in the buyer profile using the standard forms contained in the aforementioned ordinance.
The authors agree with Weyand that the establishment of the buyer profile is an expression of the efforts of the EU Commission to increase the use of the Internet for tendering and awarding public contracts.3 A buyer profile can also be found on the website http: // simap. eu.int must be set up. For the award of freelance services, this option is of rather subordinate importance according to the local opinion.
1 View at http: //www.bmvbs.de. 2 Regulation (EG) 1564/2005, a. a. O.3Weyand, ibr-online-commentary on procurement law 2008 [April 28, 2008], § 16 VOB / A, Rn. 4638.
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