Against the background of strong energy price increases, the Electricity Price Brake Act (StromPBG) and the Natural Gas Heat Price Brake Act (EWPBG) introduced financial relief for consumers of electricity, natural gas and heat. Both laws provide for an audit authority that takes on numerous tasks in the implementation of the energy price brakes. It is envisaged that the tasks of the audit authority for the energy price brakes will be fulfilled by service providers as agents. This includes, in particular, the case-by-case review and determination of the ceilings applicable to companies under state aid law upon request and on a case-by-case basis and ensuring compliance with them. In addition, there is the review of the requirements for job preservation as well as the ban on bonuses and dividends. The audit authority may also be entrusted with the enforcement of recoveries where ceilings are exceeded. The service is divided into two lots. In addition to about half of the case processing, Lot 1 also includes overarching tasks, in particular the provision of the IT infrastructure, consisting of an application portal and a database, reporting, communication with companies and associations as well as ongoing monitoring tasks.
Lot 1: Case management I and cross-cutting activitiesIn addition to about half of the audit authority's case processing (approx. 5,000), Lot 1 also includes overarching tasks, in particular the provision of the IT infrastructure, consisting of an application portal and a database, reporting, communication with companies and associations as well as ongoing monitoring tasks. In the event of the allocation of the lots to two contractors, a cooperative cooperation in the division of the case processing is expected. After receipt by the application portal provided by Lot 1, cases are distributed approximately equally between Lot 1 and Lot 2 after consultation between the contractors.
The time distribution of the workload for contractors in the role of audit authority is expected to be as follows:
- Immediately after award: preparatory work, in particular programming of the application portal and database (Lot 1)
- Around July/ August 2023: Start of activity as audit authority, start of receipt of notifications and self-declarations to be addressed to the audit authority and start of case processing (i.e. only preliminary information based on planned figures)
- 01.01. to 31.05.2024: Focus of the binding application review
- 01.06. to 30.06.2024: Extensive completion of the application review phase
- 01.07. to 31.12.2024: Continuation of case processing in complex cases (e.g. state aid proceedings, court proceedings) as well as monitoring in particular. prohibition of bonuses and dividends as well as obligation to maintain jobs
- 01.01. to 30.06.2025: Option to continue the activity, as far as still open case processing and monitoring tasks justify this.
Los 2: Fallbearbeitung IILot 2 mainly comprises about half of the audit authority's case processing (about 5,000). In the event of the allocation of the lots to two contractors, a cooperative cooperation in the division of the case processing is expected. After receipt by the application portal provided by Lot 1, cases are distributed approximately equally between Lot 1 and Lot 2 after consultation between the contractors.
The time distribution of the workload for contractors in the role of audit authority is expected to be as follows:
- Immediately after award: preparatory work, in particular programming of the application portal and database (Lot 1)
- Around July/ August 2023: Start of activity as audit authority, start of receipt of notifications and self-declarations to be addressed to the audit authority and start of case processing (i.e. only preliminary information based on planned figures)
- 01.01. to 31.05.2024: Focus of the binding application review
- 01.06. to 30.06.2024: Extensive completion of the application review phase
- 01.07. to 31.12.2024: Continuation of case processing in complex cases (e.g. state aid proceedings, court proceedings) as well as monitoring in particular. prohibition of bonuses and dividends as well as obligation to maintain jobs
- 01.01. to 30.06.2025: Option to continue the activity, as far as still open case processing and monitoring tasks justify this.