It Services: Consulting, Software Development, Internet And Support – Nga-Breitbandausbau-Großalmerode. The Subject Of The Procurement Concerns The Award Of A Service Concession (Section 105 Paragraph 1 No. 2 Gwb, Sections 1 Ff. Konzvgv), In Which The Focus Of The Procurement Is On The Operation Of A Gigabit Broadband Network And The Offering Of Broadband Telecommunications Services. The Purpose Of The Service Concession Is To Enable The Provision And Operation Of A Public Communications Network As Well As The Provision Of Public Communications Networks In The Expansion Area. In This Context, Reference Is Made To The Exception In Section 149 No. 8 Gwb. The Relevant Eu Threshold Is Undercut Here. In Accordance With Established Case Law (Cf. Olg Dresden, Decision Of August 21, 2019 - Verg 5/19; Vk Saxony, Decision Of July 17, 2019 - 1/Svk/017-19; Vk Mecklenburg-Western Pomerania, Decision Of December 13, 2018 - 3 Vk 9/18), The Provisions Of The Antitrust Procurement Law From Part 4 Of The Gwb Does Not Apply To The Provision Of Investment Aid Within The Framework Of The Economic Gap Model. The Bidders Therefore Have No Right To A Formal Procurement Procedure. However, The Concession Provider Carries Out A Public, Transparent And Non-Discriminatory Selection Process, Taking Into Account The Budgetary Provisions And The Procurement Principles Based On A One-Stage Negotiation Process In Accordance With Sections 12 Para. 2 Konzvgv, 17 Vgv. Since There Is No Corresponding Type Of Procedure On The Procurement Portal, An Open Tender Was Chosen As The Alternative Procurement Type. However, A Negotiation Process Will Be Carried Out.
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