STATUS: 12.09.2023
1. Scope of Application of the Terms of Use
With the online service Self-Service Portal, the Federal Government, represented by the Procurement Office of the BMI, offers access to all documents of the Data Service Public Procurement (DÖE). If an account is created in the Self-Service Portal, the Self-Service Portal offers the possibility to register as an administrative user and, if approved, to create new users. These users can send notices to the DÖE and view all their sent notices.
The Federal Government, represented by the Procurement Office of the Federal Ministry of the Interior, as operator of the Self-Service Portal (hereinafter referred to as the "Operator") provides the Self-Service Portal to companies (hereinafter referred to as the "User") via its technical service provider, to which the following terms of use apply.
2. Details of the Operator and the Technical Service Provider
Operator of the Self-Service Portal
Federal Republic of Germany
represented by the Federal Ministry of the Interior and Home Affairs
represented by the Procurement Office of the BMI
Brühler Str. 3
53119 Bonn
Email: poststelle@bescha.bund.de
Technical service provider of the Self-Service Portal
Name: Nortal AG
Address: Knesebeckstraße 1, 10623 Berlin
Phone: +49 (0)30 318 05 09 - 00
Email: info@nortal.com
3. Service Hours
For technical and professional questions, the support of the Self-Service Portal is available by e-mail (oeffentliche-vergabe-support@nortal.com).
Monday to Friday
08:00
18:00
Saturday
-
-
Sunday
-
-
With the exception of public holidays at the Berlin location.
4. Charges
The use of the Self-Service Portal is free of charge for the users.
Any costs incurred by the user in the course of using the Self-Service Portal, in particular for the provision, connection and operation of software and hardware as well as for internet use, shall not be reimbursed to the user by the operator or technical service provider of the Self-Service Portal.
5. Privacy
The privacy policy of the Self-Service-Portal is published at the following link: Privacy Policy.
6. Obligation of the User to Notify
The user has to provide the following information in the template "Declaration of commitment for DÖE" and upload it within the Self-Service Portal:
Designation of the public contracting authorities that commissioned the procurement platform operator to transmit notices to the Public Purchasing Data Service in the future. (public contracting authority of the platform operator)
If the contracting platform operator is active for more than three contracting authorities, the contracting platform operator shall declare its willingness to notify the additional public contracting authorities/contracting authorities upon request.
7. Duties of Care and Cooperation of the User
Responsibility in relation to access data
The user must ensure that third parties do not gain unauthorised access to his password or user account. Transfer of the login data of the user account to third parties is not permitted.
Virus free documents
The user has the duty of care to check files for viruses before uploading them to the online service and to upload only virus-free files.
The user is responsible for reporting any security vulnerabilities or malfunctions to the support team in accordance with section 5.
8. Technical Framework Conditions on the Part of the User
Permissible formats of the "Declaration of Commitment for DÖE":
Only the following formats can be uploaded: PDF
Size limit for upload: 2 MB
9. Termination of Use
The temporary blocking or permanent termination of use by the operator requires an objective reason to be given. An objective reason exists in particular if there is a suspicion based on facts that the user is not taking sufficient care to ensure that unauthorised third parties do not gain access to his/her user account (see section 3).
10. No Guarantee; Disclaimer
No guarantee
The operator does not guarantee that the online service will be available at all times.
Disclaimer
a. Claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the operator, their legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
b. In the event of a simple negligent breach of essential contractual obligations, the operator shall only be liable for the foreseeable damage typical for the contract, unless it is a matter of claims for damages by the user arising from injury to life, limb or health.
c. The restrictions of paragraphs a. and b. also apply in favour of the legal representatives and vicarious agents of the operator if claims are asserted directly against them.
11. Final Provisions
The law of the Federal Republic of Germany shall apply with the exception of the provisions of international private law.
The place of performance is the registered office of the operator.
Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
The operator reserves the right to change the terms of use at any time, in particular to adapt to a changed legal situation, technical developments or to improve the functionalities or IT security. The operator shall notify the user electronically of any changes to these terms of use. They shall be deemed to have been approved by the user if he does not object to the validity of the new terms of use within six weeks of receipt of the notification of change.