I. Project:
BGN intends to sell an office/business property with a single apartment in a timely manner. BGN is the owner. A corresponding contract is to be negotiated and submitted to the BGN committees if a suitable buyer and an economically attractive offer is available.
The property (3 floors) is located in Germering. Shop and commercial buildings in the front building (approx. 1350m²) are rented, office space and single apartment in the rear building (approx. 4000m²) are empty when sold. Additional 93 parking space and storage space
II. Further information, interested parties:
Interested parties can request further information.Specifications can be added/corrected throughout the project phase.
Interested parties may include:
- companies, other institutions, individuals interested in buying real estate,
- Brokers who, with their expression of interest, are given the non-exclusive opportunity to provide brokerage services for the sale of the property, in particular by providing proof of suitable buyers.
see point II.2.4)
III. Procedure
The following procedure is envisaged (a change in the process by the seller is possible at any time):
- Interested parties can first request an expression of interest form.
- After submitting the completed form, interested parties can receive an information package with documents relating to the property.
- An inspection of the property is planned and possible in the period 21.2.-18.3.2022 after scheduling as early as possible. The FFP2 mask requirement and the 2G rules apply here. A test for the corona virus may also be required on request.
- Interested parties can submit indicative offers. These should be received by 19.3.2022.
- The seller decides on the invitation to negotiations on this basis.
- The negotiations are scheduled for the period 11.4.-22.4.2022, a successive further restriction of the circle of negotiating partners is possible
- Contract negotiations are conducted on the basis of a draft contract from the seller. This will then be transmitted separately.
- It is expressly pointed out that the contract negotiations alone have not yet made any commitments on the part of the BGN. The conclusion of the negotiated contract is subject to a committee decision by the seller. When making a decision, the purchase price is the main credit; further transaction costs incurred by the seller (e.g. brokerage commission, notarization) are credited against a price comparison.
- The sale process should be terminated promptly with the conclusion of a contract. The seller will provide additional information for this purpose.
IV. Framework conditions
The opportunity to express interest in acquiring the property and to provide brokerage services is not limited by a period of time (open house proceedings, see also judgment of the European Court of Justice (ECJ) of 2.6.2016, case no. C-410/14), in particular, the time limit specified in Clause IV.3.4) will not
, which is only due to the formal requirements of the announcement form.
The client will inform the brokers who have expressed their interest in the specified form (using the form available on the Internet address in accordance with Section I.1)) when the procedure has been completed, in particular if one or more suitable buyer (s) have been found for final negotiations. However, the BGN can terminate the procedure at any time.
The present announcement does not concern the award of a public contract. This announcement does not initiate a formal award procedure. The process name “open procedure” used in this notice is subject to the requirements of the notice form
owed. Its use, the use of the “TED” platform and the entries in the form do not entail any submission to public procurement regulations that are not mandatory by law.
There is therefore no legal claim to participate in the sale process and no legal protection, in particular no legal protection under public procurement law.
The present announcement serves as broadly as possible to inform interested brokers and potential purchasers and is only provided in the absence of other suitable forms on the open procedure form.