04-13-2015News

State institute for rail-mounted vehicles in Baden-Württemberg established - Heuking Kühn Lüer Wojtek advises on competitions in regional rail transport

The state parliament of Baden-Württemberg paved the way for favorable transport bids in Baden-Württemberg. Supported by Heuking Kühn Lüer Wojtek, the state of Baden-Württemberg continues to develop the “VRR model.” Unlike in North Rhine-Westphalia, the “State institute rail-mounted vehicles Baden-Württemberg” (SFBW) acquires ownership in the vehicles in Baden-Württemberg. This public institution was established by the state parliament on March 12, 2015.

In the next few years, a majority of transport routes in Baden-Württemberg will be re-awarded, with vehicle financing instruments to be used for the first time. Depending on the size of the invitation to bid, the state as carrier offers a capital service guarantee and an optimized VRR model (“BW model“). In the BW model, SFBW acquires the vehicles from the winning railway transport company and leases them back to it. As public institution, SFBW is able to finance the vehicles at a considerably more favorable rate than the railway transport company itself.

“Backed by SFBW, we expect heavy competition for the attractive bid advertisements in Baden-Württemberg,” said Dr. Ute Jasper, lawyer and partner at Heuking Kühn Lüer Wojtek. “Only the assistance of SFBW permits competitors to offer favorable conditions to Deutsche Bahn.“

Ute Jasper is one of the best-known lawyers for public procurement and public infrastructure projects. She advises federal and state ministries, municipalities, and companies. 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 2014/2015, and according to "Law Firms in Germany" is the "premier contact on the market" for infrastructure.

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