Tenders Are Invited For Gigabit Expansion In The Hanseatic City Of Herford “Gap Closing Program” (No. 9.1 D. Gigabit Guideline 2.0)

The Subject Of This Is The Commissioning Of A Company With The Construction And Operation Of A Needs-Based, Sustainable, Comprehensive And Expandable Gigabit Infrastructure In The Gap Closure Area In The Hanseatic City Of Herford. The Gigabit-Capable High-Performance Network To Be Built Must Ensure That The Addresses Designated In The Expansion Area Are Supplied With A Bandwidth Of At Least 1 Gbit/S Symmetrically (Minimum Bandwidth) During Peak Load Conditions. The Minimum Bandwidth Is Reached When It Is Provided At The Termination Point Of The Line Technology In The Building. The Concession Provider Is Prepared To Provide The Private Telecommunications Company With A One-Off, Non-Repayable Investment Grant To Cover Its Profitability Gap (So-Called Profitability Gap Model). 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 Provision 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 Regulations Then Apply 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. In The Present One-Stage Negotiation Process, The Bidders Must Also Prove Their Suitability As Part Of Their Offers To Be Submitted By Completely Filling Out The Forms Provided And Supplying The Requested Documents. The Future Contractor Will Be Selected From Among The Suitable Bidders Who Have Submitted An Offer. This Selection Takes Place As A Dynamic Process Within The Framework Of Negotiations. Since There Is No Corresponding Type Of Procedure On The Portal, An Open Tender Was Chosen As The Alternative Awarding Method. However, A One-Stage Negotiation Process Is Carried Out.

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