NGA-Breitbandausbau-Spangenberg

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The procurement concerns the awarding of a service concession (§ 105 para. 1 no. 2 GWB, §§ 1 ff. KonzVgV), where the focus of the procurement is on operating a gigabit broadband network and providing broadband telecommunications services. The purpose of the service concession is to enable the provision and operation of a public communications network as well as the provision of public communications networks in the expansion area. In this context, reference is made to the exception in § 149 no. 8 GWB. The applicable EU threshold is not exceeded here. In accordance with established case law (see OLG Dresden, decision of 21.08.2019 - Verg 5/19; VK Sachsen, decision of 17.07.2019 - 1/SVK/017-19; VK Mecklenburg-Vorpommern, decision of 13.12.2018 - 3 VK 9/18), the provisions of cartel procurement law from part 4 of the GWB do not apply to the provision of investment aid within the framework of the economic gap model. Therefore, bidders have no entitlement to a formal award procedure. However, the concession grantor conducts a public, transparent and non-discriminatory selection procedure in compliance with budgetary rules and procurement principles, analogous to a single-stage…

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