Framework agreement for legal advisory and support services for the procurement of a new vehicle generation for use in local public transport (SPNV) in the Hamburg S-Bahn network

LOT-0001
Legal advisory and support services for the procurement of a new vehicle generation for use in local public transport (SPNV) in the Hamburg S-Bahn network.
The Free and Hanseatic City of Hamburg (FHH), the Lower Saxony Regional Transport Company mbH (LNVG), and the State of Schleswig-Holstein (SH) have put out to tender and awarded transport services for passenger transport in local public transport (SPNV) in the Hamburg S-Bahn network from 2018-2033 through a European-wide procurement process. This network falls under the responsibility of the three aforementioned task carriers, and thus a state agreement has been concluded between FHH, LNVG, and SH with regulations concerning their joint cooperation. Under the transport contract for the execution of the aforementioned services, FHH (leading), LNVG, and SH are the contracting authorities towards the railway company (EVU) S-Bahn Hamburg GmbH (SBH) as the contractor. To ensure uninterrupted vehicle availability for these and particularly subsequent transport services, a vehicle procurement process must take place promptly due to the very lengthy lead-in and development times of a new vehicle generation. The newly procured vehicles will pass into the ownership of FHH or a third party designated by FHH upon delivery and acceptance. The subject of this framework agreement is the legal accompaniment of the vehicle procurement process, including the preparation and execution of the European-wide procurement process as well as other legal advice and accompanying non-legal support during the process. Project management and transport economic consulting have been awarded to an external service provider under a framework agreement. A framework agreement for the technical service provider has already been awarded, and a framework agreement for the financing of the vehicle procurement will still be put out to tender. A contract awarded in a national procedure for legal advice for the procurement project BR 491 is expected to expire at the beginning of 2026. To ensure continuous legal advice, a new procurement procedure must be conducted. It is expected that the contractor will constructively collaborate with all internal and external project stakeholders (in addition to LNVG and the State of SH, e.g., hvv, SBH, and DB InfraGo). In the course of the preparations for the vehicle procurement, legal opinions have already been developed. These will be made available to the contractor upon award. At this time, the decision regarding whether the maintenance for up to 30 years will also fall under the responsibility of the vehicle manufacturer has not yet been made. Should the contracting authority decide on manufacturer maintenance, this will be part of the procurement process for the vehicle procurement. FHH estimates the effort as follows: - Legal advisory services 24,750 hours - Non-legal support services 5,250 hours - Meetings in person in Hamburg (travel costs) 300 pieces These quantities also represent the binding maximum acceptance limit (referring to the total duration of the framework agreement). The framework agreement begins with the award and has a duration of 6 years. After the expiration of this contract duration, the framework agreement automatically ends, without the need for a cancellation. The same applies if the specified binding maximum acceptance limit is reached before the expiration of the contract duration.