The Baden-Württemberg Procurement Chamber confirmed the approach of the state of Baden-Württemberg when awarding the Stuttgart network. The legal team led by Ute Jasper (Heuking Kühn Lüer Wojtek) had designed the award procedure for the billion-euro project and and advised and represented Baden-Württemberg before the Procurement Chamber.
The contract for one lot of the Stuttgart network is to awarded to Abellio and for two other lots to Go Ahead, affiliates of Dutch and British transportation groups. According to the Ministry of Transport, prices due as of 2018 will be very favorable allowing not only to significantly expand services for passengers, but also for tax money to be saved.
"This is the welcome result of fair competition with clear rules," commented Ute Jasper, Partner at Heuking Kühn Lüer Wojtek. "Such competitive success can only be achieved on a permanent basis if all bidders can rely on strict compliance with all award conditions. Therefore, the elimination of a tenderer and the legal dispute were unavoidable. "
One of the bidders was disqualified from the competition because he had failed to meet minimum requirements on the bids. He had challenged this exclusion in court.
The decision of the Procurement Chamber at Karlsruhe Regional Council clearly and unequivocally dismissed all the arguments of the excluded bidder on February 17, 2016. The bidder can appeal the decision at Karlsruhe Higher Regional Court within 14 days.
The press release of the Ministry of Transport and Infrastructure of Baden-Württemberg is available here.