The following requirements must be met for the use of §14 para.4 No 5 VgV.
A) The additional supplies must be ordered from the original contractor. The original contractor and the contractor for the additional delivery are identical (Amplitude Technologies, procedure EUVV1604). Thus A) is fulfilled.
B) The additional supplies must be intended for partial renewal or extension of supplies already provided. B) is related to the intended purpose of the delivery. There shall be direct relation to the original delivery, either by partial renewal or by extension.
The spare parts are needed for an ultra-short-high-intensity-(HI)-laser, which must be kept in stock to maintain the operation. This is necessary to enable quick maintenance on site. Operation at XFEL is a strictly regulated user operation with very short maintenance and user time, therefore the availability of critical spare parts is important to minimise the loss of user time in case of damage. Thus, there is a direct connection with the original delivery. The stock-keeping of spare parts has a preventive nature and serves the short-term-renewal or replacement of parts due to wear and tear, thus B) is fulfilled.
C) A change of the contractor would have the result to buy supplies with different technical characteristics, which would result in technical incompatibility or disproportionate technical difficulties in operation and maintenance.
C) is related to the technical compatibility of the additional with the original delivery. The negotiated procedure without call for competition is only permissible if the supply by another company would be incompatible with the original supplies.
Beside technical incompatibility, a relative incompatibility (disproportionate technical difficulties) is also covered. In the case of relative incompatibility, adjustments of specifications are principally possible, but cause technical difficulties, which can only be fixed with a disproportionate expenditure or which affect the intended use and maintenance substantially. There is relative incompatibility. Already the risk of malfunctions, compatibility problems and the high conversion costs for spare parts of another manufacturer, which would occur more likely than in the case of a delivery by the original manufacturer, justify the use of §14 para.4 No 5 VgV.
D) The duration of the new contract shall not exceed 3 years. The maximum delivery time for is 1 year after the PO. Thus D) is fullfilled.