Germany – Internet services – Auswahl eines Netzbetreibers für den Aus- bzw. Aufbau eines Gigabit Netzes gem. Gigabitrichtlinie des Bundes 2.0 (2024)

The municipality of Hirschaid (hereinafter the contracting authority) is a municipality in the district of Bamberg. The contracting authority has already carried out funding procedures in accordance with the Bavarian Gigabit Directive (BayGibitR). In the current tendering procedure, it is seeking a partner to develop the district of Kleinbuchfeld using the viability gap funding model in accordance with the Federal Gigabit Directive 2.0 of 30.04.2024 (Gigabit-RL 2.0). At the end of the measure, all participants at 52 address points must be reliably supplied with FTTB/H technology with symmetrical bandwidths of at least 1 Gigabit/s. The funding is carried out within the framework of the gap closure programme. The municipality of Hirschaid also plans to claim funding in accordance with the Bavarian Co-Financing Gigabit Directive 2.0 (KofGibitR 2.0). For this purpose, the municipality of Hirschaid is conducting a negotiated procedure with a selection procedure, §§ 12 Abs. 1 KonzVgV, 17 VgV. Section 5.11 of the Gigabit-RL 2.0 requires services to be awarded in a transparent, economical and non-discriminatory selection procedure in accordance with the provisions of the Gigabit Framework Regulation. The principles of European procurement law are to be observed. National procurement provisions are to be applied in accordance with budgetary law. Therefore, the contracting authority applies the provisions of the Concessions Contracting Ordinance in conjunction with the Procurement Ordinance, even if the estimated contract value is below the threshold for the application of the cartel procurement law for service concessions.