Hydrogen- or battery-powered trains are scheduled to operate in Baden-Württemberg soon. The state launched a Europe-wide negotiation procedure today. Since only some of the relevant sections of the Ortenau network have overhead lines, commercial electric trains cannot be used. Diesel vehicles that are used as an alternative on other lines are too dirty in the state’s view.
The competition is now designed to decide which drive type is suitable for serving the demanding network. Among others, trains with fuel cells, rapid charging technology, and battery storage are available on the market. So as not to have to bear the uncertainties associated with the new drive type, the manufacturer is not only supposed to supply the trains, but also to maintain them permanently as part of a lifecycle model. The manufacturer is also to guarantee the trains’ energy consumption and to take care of the infrastructure required for the energy supply during the contract term of 24 years (hydrogen filling stations, rapid charging columns, etc.).
Heuking Kühn Lüer Wojtek developed the model jointly with the state and accompanies the award procedures together with the regional transport association NVBW. "Even in such an innovative procedure, the state of Baden-Württemberg keeps relying on the forces of competition," said Dr. Ute Jasper, head of Heuking Kühn Lüer Wojtek’s Public Sector & Public Procurement practice group. "The manufacturer has to take responsibility for the risks of the new drive technology, because it is best equipped to master them," added Dr. Christopher Marx. "The award procedure will show which of these innovative drive technologies is best suited to day-to-day challenges in operation," summarized Dr. Laurence Westen, who, jointly with Dr. Christopher Marx, plays a key role in the designing the procedure.
Dr. Ute Jasper is one of the most renowned lawyers for procurement and infrastructure projects in the public sector. She advises federal and state ministries, municipalities, and businesses, particularly on innovative and complex projects. Ute Jasper heads Heuking Kühn Lüer Wojtek's "Public Sector & Public Procurement" department. For years, she has been ranked number 1 in JUVE Handbook of Commercial Law Firms, most recently in its 2016/2017 issue, and according to "Law Firms in Germany," is the "premier contact on the market" for infrastructure. In October 2016, she received the JUVE Award for Regulated Industries with her team.
Dr. Laurence Westen is a lawyer in the "Public Sector & Public Procurement" Practice Group, Düsseldorf.
Dr. Christopher Marx is a lawyer in the "Public Sector & Public Procurement" Practice Group, Düsseldorf.