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Germany-Saarbrücken: Public transport services by railways
Section I: Contracting authority
Main address: www.zps-online.de
Section II: Object
Urban rail passenger transport services on CAB 681 with Battery Electric Multiple Units (BET) (RB 72)
The subject of this contract is the provision of SPNV services on the RB 72 with an annual rating. Volume of approx. 505 278 KM from 12.12.2021 to international. Number of timetable changes in Dec. 2026, vrl. on 12.12.2026. In the absence of an internat. agreed timetable change in the dec. of 2026, the operating time shall be no later than 31.12.2026.
The operating services must be supplied with 6 battery-electric multiple units (BET) which drive under the overhead contact line in the normal electric mode and are simultaneously equipped with batteries. If operated without overhead contact line, the energy shall be sourced from accumulators charged during the overhead contact line operation.
For the transport covered by this invitation to tender, it is necessary to finalise the post-charging infrastructure measures in Lebach. This is the responsibility of the AT. Should this be not the case until the previous year. On 12.12.2021, transport services will have to be provided with 4 diesel vehicles.
The course booking line (KBS) 681 Saarbrücken — Liach-ach is not electrified at 15 kV 16.7 Hz from the Wemmseweiler curve and from kV to Hz overnight. Following the Europe-wide invitation to tender for the Saar RB Lot 2 network, the route referred to above should be electrified in a timely manner. Contrary to the original assumptions, electrification is being postponed; a precise date for completion is not yet known at this stage. For the transitional period, six traction electric traction units capable of propulsion shall be operated on the line which shall charge batteries to the vehicle by taking advantage of the electrified sections of this line in order to use the energy stored in the line for operation on the non-electrified section of the line.
The start of operations for the RB in 72 will be complete for the international timetable change in December 2021, probably on 12.12.2021.
The service obligation expires on the international timetable change in December 2026, probably on 12.12.2026. By way of derogation, AT has the unilateral right to request an extension of the service life until the international timetable change in December 2031, expected on 13.12.2031. In addition, the AT has the unilateral right to request a further extension of the service life until the international timetable change in December 2034, expected on 10.12.2034. If there is no international timetable change in those years, the period of operation shall end on 31.12 December of the year in question. The AT will exercise in writing the above options to extend the service life in writing with a one-year deadline.
A net transport contract is awarded. The ticketing revenue from the performance of the contractual schedules of the contract is to the benefit of the transport undertaking and, in so far as it constitutes an entrepreneurial risk, shall be borne by the transport undertaking. Details are provided in the tender documents.
The infrastructure costs for train and station DB Netz AG and DB station & service AG are balanced by the competent authorities. The exceptions are set out in the tender documents.
New and used vehicles are permitted. In order to be able to make efficient connections with the vehicles in the B-line 72 to the line of the Saar RB Lot 2, also in the case of future electrification, the vehicles used must be able to fit with the vehicles used in the electrical network Saar RB Lot 2.
See point II.2.4)
If more than 3 candidates submit a request to participate, the selection decision will be taken on the basis of the criterion “quality and validity of the applications referred to under III.1.3.” Point 5 Vehicle presentation to be provided’.
The provisions of the Saarland Collective Bargaining Act (STGs) apply. In particular, tenderers must submit a tender for the public service contracts in the area of local public transport as required by the STTG.
For these declarations the forms must be used in Appendix C.7 and C.9.
Section III: Legal, economic, financial and technical information
The candidate must present proof of enrolment in a professional or trade register and the exclusion of the exclusion grounds listed in § 123 (1) and (4) GWB, § 124 (1) GWB, through a self-declaration in the application form.
The candidate shall demonstrate by a self-declaration in the application form that:
— has the financial and economic capacity to provide the services required,
— no insolvency or similar legal proceedings are opened, or the opening is requested, or the request has been rejected due to lack of assets,
— they are not in liquidation,
Has been guilty of grave professional misconduct proven by any means which the applicant can justify;
— he has duly fulfilled his obligations relating to the payment of taxes and duties and social security contributions.
In addition, all applicants with direct or direct municipal shareholders must indicate with the request to participate that the submission of tenders complies with the rules of the local government constitutional system, which regulate the economic activities of the municipality.
The candidate must demonstrate through a self-declaration in the application form that:
— it has a licence pursuant to Section 6 of the AEG and is required to present it at the request of the AT,
— persons appointed to senior management are confirmed in accordance with Section 2 (2) or (3) of the Railway Operations Manager Regulation. The manager must not be the head of the railway operator.
The applicant must also include the following documents in his/her request to participate:
1) Presentation of an appropriate BET vehicle as required in point II.1.4) and realisation/authorisation timetable for placing in service. For this purpose, delivery commitments, information on the scope of the accumulators and plans (top view, significant sections, seating capacity) on the intended vehicles must be provided.
The vehicles are exclusively electrically driven. The power supply is supplied by means of transport line 16.7 Hz/15 kV and, if there are no contact lines, from on-board batteries. The batteries are loaded only in the case of stop or drive under the contact line with 16.7 Hz/15 kV.
The capacity of the accumulators shall be designed in such a way that when the total load is complete, a distance of at least 20 km with an average distance of 3 km can be covered.
The load of the accumulators from 40 to 80 % of their nominal capacity shall be carried out upon transfer within a maximum of 15 minutes.
Technical descriptions shall also be provided which document the manner in which the required technical performance characteristics as described above are met.
2) Presentation of traction to vehicles taken from the Saar RB Lot 2 Electric Network (see Appendix A.2)
Without the justifications and explanations provided above, the tenderer will not be asked to take part in the negotiated procedure.
Under § 6 of the AEG, the contractor must be authorised as a railway undertaking.
Section IV: Procedure
Section VI: Complementary information
(1) Land of Saarland, Ministry of Economic Affairs, Labour, Energy and Transport is the promoter of this procurement procedure;
2) The above tasks were entrusted to the Land Saarland special-purpose association responsible for the operational implementation of this procurement procedure;
(a) The railway undertaking undertakes to take over the personnel of the former operator in accordance with Section 131 GWB (3);
(b) More details on how to proceed will be determined during the negotiations.
(4) Participation of consortia is permissible as a general rule in the conditions for participation;
(5) The present pan-European procurement procedure is a two-step process. The first step is the competition, the second stage of the negotiated procedure, involving only the selected candidates;
6) Candidates must submit their request to participate using the application form to participate in the request to participate. This application form is available free of charge from the URL indicated in point I.3 of this notice.
7) Request to participate is on the website www.e-vergabe.de to be uploaded at the following URL
(8) The contracting authority will invite candidates selected on the basis of the competition to take part in the negotiated procedure. The contracting authority will inform the other candidates of their exclusion in accordance with the requirements of public procurement law;
9.The request to participate must be signed by the candidates personally. In the case of a candidate group, the request to participate must be signed by all the members of the candidate community or by the authorised representative;
10) Any supporting documents, statements or information required in the notice should be received with the request to participate. Missing declarations may be submitted at the request of the contracting authority until the expiry of a period to be determined, unless there is no documentation, but the applicant will have to be excluded from further proceedings.
11) questions relating to the procedures for participation shall be answered only if they are sent by e-mail no later than one week before the closing date for submission of requests to participate to the contact point referred to in point I.1.) of this notice. Questions will be answered in accordance with the requirements of the procurement law, by setting out the answers given at the URL referred to in point I.3), which candidates must check on a regular basis.
Internet address: https://www.saarland.de/3339.htm
In accordance with Section 160 (3) GWB, infringements of public procurement rules are to be criticised. Public procurement infringements must be terminated within 10 calendar days of the date on which the infringement was notified, Section 160 (3) (1) GWB. A request for the initiation of a review procedure must be made within 15 calendar days of receipt of a notification from the contracting authority that a complaint has not been lodged with the request in point VI. (4.1). Reference is made to the provisions of Sections 160 et seq. of the GWB. Under Section 160 (3) GWB, in particular: The application shall be inadmissible if:
1) the applicant has identified the alleged breach of the procurement rules before the application for review has been submitted and has not complained to the contracting authority within 10 calendar days; the expiry of the deadline set out in § 134 (2) GWB remains unaffected.
(2) infringements of procurement rules arising from the notice are not criticised by the contracting authority at the latest by the expiry of the time limit specified in the notice of appeal;
(3) non-compliance with procurement rules that are identifiable only in the procurement documents is not criticised by the contracting authority at the latest by the deadline for submitting tenders or submitting tenders;
4) more than 15 calendar days from the date of receipt of the contracting authority’s notification that it is not intended to remedy a complaint. Sentence 1 does not apply to a request to establish the contract’s ineffectiveness in accordance with Section 135 (1) (2) GWB. § 134 (1) (2) GWB remains unaffected.