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Manfred Wacker

The Tendering Process of Construction Works by Deutsche Bahn AG EFRTC General Meeting June 6th, 2008 in Munich. Manfred Wacker. General Tendering Principles The German law follows these EU-regulations by the GWB (law against Limitation of Competition), esp. § 99 ff

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Manfred Wacker

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  1. The Tendering Process of Construction Works by Deutsche Bahn AGEFRTC General Meeting June 6th, 2008 in Munich Manfred Wacker 1

  2. General Tendering Principles • The German law follows these EU-regulations by the GWB (law against Limitation of Competition), esp. § 99 ff • Details for the tendering procedure are described in the VOB (Tendering orders for Construction Works) • If the tender has to be handled nation- or EU-wide depends on limit values of the contract • for construction works 5.278.000,00 € 2

  3. Also below these limit values the following principles have to be regarded: • Competition • Equal treatment • Tendering lot wise • Economy 3

  4. 2. Situation of Deutsche Bahn AG • Deutsche Bahn is a fully State owned privat company • Under the roof of Deutsche Bahn AG there are 5 different main companies for the specific business • DB Regio for local and regional traffic operation • DB Reise und Touristik for long distance traffic operation • Railion for freight traffic by rail and rubber • DB Station und Service for managing and operation of passenger stations • DB Netz for managing and operation of the railway net 4

  5. The main employer for the railway construction companies is DB Netz • The anual budget for construction works is between 3.3 and 3.8 billion Euro • Because of the status of Deutsche Bahn AG as a fully State owned entity the tendering process for construction works has to follow the EU-regulations. 5

  6. 3. Organisation of the Tendering Process by DB Netz AG • DB Netz has its own Prequalification Systems • More then 110 Railway Construction Companies are prequalified • Only prequalified companies are accepted as tenderers • DB Netz publishes each tender in ist electronic market via internet • Following the EU-regulations tenders are published in the national and EU Supplements • The regular case for tendering is the public open precedure • In single cases DB Netz AG teders by public negotiations procedure • In case of public open tendering the submission is public for the tenderers 6

  7. 4. Evaluation Criterias • Evaluating follows the regulations of VOB/Part A • The Evaluating criterias have to be specified in the tender documents • Price • Technic • Logistic • Time • Alternative offers and minimum requirements for alternatives must be defined 7

  8. Using subcontractors or third capacities must be declared by the tenderer. The availability of those subcontractors must be declared in writing • Documentation requirements are strictly to be followed • The decision for the selected contractor has to be announced before . contract signing. Each tenderer has the chance for a protest within . 14 days after announcement. 8

  9. 5. Protest Procedure • If any rejected tenderer has doubt about the correctness of the evaluation procedure he has to declare his protest immediately in writing by DB Netz AG. Immediately means: within 3 to 5 days • If DB Netz AG does not explane or heal its decision the tenderer has to place his protest in writing at the „Federal Cartell Administration“ (Bundeskartellamt) in Bonn • The Bundeskartellamt decides with 3 judges about the case • If one of the parties does not agree with this verdict, the final instance is the „Oberlandesgericht“ in Düsseldorf 9

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