The Federal Waterways and Shipping Administration will receive another modern special vessel for maritime emergency preparedness in the North and Baltic Seas as announced by the Federal Ministry of Transport on July 03, 2020. The Federal Budget Committee had approved the investment of some EUR 200 million.
At the end of 2019, the federal government had already commissioned Lemwerder-based shipyard ABEKING & RASMUSSEN with the delivery of two pollutant accident response vessels at a cost of about EUR 400 million. The order also included an option for a third identical ship, which will now also be purchased to replace the “Neuwerk” (North Sea) from 2025. The other two new vessels will replace the “Scharhörn” (Baltic Sea) and the “Mellum” (North Sea) from 2023.
The Federal Waterways and Shipping Administration will use the new multi-purpose vessels for cleaning up oil and chemical spills and for firefighting as well as for emergency towing of damaged ships. A special feature of the new vessels is their environmentally friendly LNG propulsion. Due to the scheduled operations in flammable and explosive environments, the gas-powered vessels are planned and constructed according to a strict safety concept.
“The decision for the third vessel is a strong signal at the right time – for the economy, for safety at sea, and for the environment,” Ute Jasper, Lawyer and Team Leader at Heuking Kühn Lüer Wojtek, was glad to point out. “Now it pays off that the third vessel had already been taken into account in the award procedure. It can therefore be ordered without further bidding right away,” emphasized Kirstin van de Sande, the lawyer responsible for public procurement law in the procedure. “The supply contract also includes the relevant provisions. For this reason, the contractor is automatically bound by the technical specifications and safety standards of the construction regulations of the Federal Waterways Engineering and Research Institute for the third vessel,” added Christopher Marx, the lawyer responsible for drafting the contracts.
Heuking Kühn Lüer Wojtek supported the Federal Waterways Engineering and Research Institute in implementing the complex award procedure and accompanied the design and construction phase. Previously, Heuking Kühn Lüer Wojtek had already advised the Federal Waterways Engineering and Research Institute on the procurement of fishing research vessel “Walther Herwig IV” and surveying, wreck search, and research vessel “ATAIR.” The Federal Waterways Engineering and Research Institute relies on Heuking Kühn Lüer Wojtek’s team for all Europe-wide awards. Counsel to client: Dr. Ute Jasper (Team Leader “Public Sector & Public Procurement”), Kirstin van de Sande (Project Management and Procurement Law), Dr. Christopher Marx (Contract Law), Rebecca Dreps (Procurement Law), all Düsseldorf.
The “Public Sector & Public Procurement” department has been one of the market leaders in public procurement law for years. Its lawyers hold top spots in German and international lawyer rankings. Since 1991, they have advised on awards, restructuring, large-scale projects, and cooperations in the public sector and have accompanied several hundred large-scale projects of federal, state, and local authorities and their subsidiaries with a total volume in excess of EUR 40 billion without any procedure having been successfully challenged to date.
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 is a Partner at the law firm of Heuking Kühn Lüer Wojtek and heads its “Public Sector & Public Procurement” department. For years, she has been ranked number 1 in Public Procurement Law in JUVE’s Handbook of Commercial Law Firms 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.
Kirstin van de Sande, Partner, is a member of the “Public Sector & Public Procurement” practice group with a focus on designing and implementing complex public procurement procedures.
Dr. Christopher Marx, Partner and member of the “Public Sector & Public Procurement” practice group, is a specialist for the drafting of contracts under civil law in complex public procurement procedures.
Find the press release of the Federal Ministry of Transport and Digital Infrastructure here.