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In the course of the implementation of the current large-scale PPP project in North Bavaria, the Supreme Construction Authority of the Bavarian State also wants to break new ground with its electronic tendering platform
The Bavarian state construction authority is in the process of realizing a large highway project on the A3 between the Biebelried and Fürth / Erlangen intersections. Over 70 kilometers of highway are to be extended to six lanes through a Public-Private Partnership (PPP) and also within the framework of a so-called availability model (V-model). They will be retained and operated by a private contractor until 2048. The special thing about V-models: In contrast to the first A-models, in which concessionaires were remunerated through the levying of tolls on the constructed and operated highway sections, in V-models the availability of the highway section is the basis for remuneration. In this way, the contractor is given an incentive to implement the project to a high quality over a long period of time. This is because the contractor only receives the full remuneration when the highway, as contractually agreed, is fully available to the public without reduction in the number of lanes.
For this superlative highway project, the Federal Parliament made 2.4 billion Euro available in the federal budget. Alongside more than 70 kilometers of road extension, around 100 larger and smaller construction projects are included in this section. Among them are three large-scale bridges with spans of over 100 meters and almost 140,000 square meters of noise-protection walling, to name just a few examples.
Perhaps the most unusual thing about this first PPP project developed under the control of the Highway Directorate of North Bavaria: This is probably the first large-scale PPP project to take place in Europe where the requirements of the new tendering laws of April 18 2016 have been in full effect.
In October 2016, a so-called expression of interest procedure was begun to raise awareness of the project in the run-up to it. Interested companies were then able to express interest in order to take part in the process. The full tendering documents were to be provided for the companies from March of this year as a download on the tendering platform of the Bavarian State Construction Authority at www.meinauftrag.rib.de, at which point the interested parties, who could come from other European countries or even anywhere in the world, were to be requested to confirm their interest. These documents included, among others, partially detailed preliminary plans from the client. Within a time period of 30 days, those companies who wished to apply could send in their requests for participation. Once these were checked, the selected companies were requested to tender their first bid by December of that year. From these initial quotations, the highway directorate was to continue by selecting the two best bidders using the calculated prices, technical implementation and suggested financing models, then carrying out negotiations with both. Here, the contracts were able to be optimized economically and technologically. Then, the two finalists were to send their final bids. One of them – assuming the tender was economically viable – would receive the award and the financial close phase, so-called, would then begin, with the input of the investors. Eight weeks later, all contracts would have been fully signed and sealed.
The start of construction has been scheduled by the highway directorate for January 2019. All operational services on the section of highway will be transferred from May 1 of 2019 from the Directorate to the contractor, who then will be responsible for ensuring very good quality on the section for around 30 years – including all construction works.
Perhaps the greatest change that will take place with the new tendering law regards project communication between client and contractor: This is to take place completely electronically. That is, all bids from the interested bidders are to be electronically uploaded to the platform www.vergabe.bayern.de. In the entire process, no conventional offers of tender in paper form will be submitted.