Niedersachsen Ports GmbH & Co. KG ('Niedersachsen Ports') is an infrastructure manager of public seaports, island supply ports and regional ports on the German North Sea coast. In this capacity, it also operates the seaport of Cuxhaven.

Niedersachsen Ports has various plots of land available in the area of the port of Cuxhaven on which port-related in particular, but also other commercial settlements, can and should be realized. For example, Niedersachsen Ports, as the owner, has access to property C1 in the area of Baudirektor-Hahn-Straße / corner of Neufelder Straße, which is undeveloped. The property can be reached via Baudirektor-Hahn-Straße and has a size of approx. 20,600 m². Niedersachsen Ports intends to make the commercial space available for marketing within the framework of a lease agreement or a leasehold agreement.

Property C1 is to be used in particular as a port-related area, e.g. as a storage area for port industry, logistics or transshipment companies (transshipment / import / export via Cuxhaven), as a parking facility (open / covered parking spaces or as a parking shelf) for shipping traffic via Cuxhaven or as an "interface" for transshipment via ship / rail / road. However, other port-oriented processing / service companies whose activities are related to the port or port logistics are also conceivable. Excluded are other commercial settlements whose activities do not lead to port transshipment via the quay edges in Cuxhaven. Also excluded are hazardous materials companies, residential buildings, bulk goods and other dusty goods as well as parking space management. A fortification of the area is possible, but a development with buildings is excluded (exception: parking shelf for motor vehicles to be shipped or embarked via Cuxhaven and associated facilities / facilities / buildings).

The establishment of a company whose operations lead to an increase in port throughput via the quayside is positively taken into account in the bid evaluation.

Against the background described above, Niedersachsen Ports is carrying out this negotiation procedure for commercial settlements on property C1 with an affinity for ports, in particular, by concluding a lease agreement (with an obligation to use in accordance with the purpose of use still to be negotiated) or a leasehold contract (with an obligation to build and operate buildings and facilities / production facilities that have yet to be contractually determined).

For the sake of simplification, rental and inheritance building contracts are hereinafter collectively referred to as the “land contract”.

An allocation of the property C1 is only possible in its entirety.

Companies that are interested in concluding a real estate contract are hereinafter collectively referred to as "bidders", regardless of the respective stage of the procedure. This also applies to mergers / bidding consortias.

The seaport of Cuxhaven, operated by Niedersachsen Ports, is located at the mouth of the Elbe into the North Sea with a short distance to the Kiel Canal, short cruises on the seaward side and direct seagoing and inland waterway, waterway, road and rail connections to the port of Hamburg. The port of Cuxhaven has a direct connection to the A27 motorway (towards Bremen) and the B73 federal road towards Hamburg.

The Port of Cuxhaven is a modern multi-purpose port with a focus on general cargo, passenger car and offshore handling. Possible types of handling are RoRo handling, crane handling (also: container gantry crane) and jack-up handling. The handling equipment is partly owned by the local handling companies. General cargo handling mainly takes place at the Europakai terminal, where four seagoing berths and a heavy-duty platform are available. The offshore base port with five seagoing berths - two of which have jack-up facilities - partly has heavy-duty quay, handling and pre-storage areas.

As the owner, Niedersachsen Ports has access to the C1 plot of land in the area of Baudirektor-Hahn-Straße and the corner of Neufelder Straße, among other places, on which a port-oriented settlement is to be realised. The plot C1 is undeveloped and accessible via Baudirektor-Hahn-Straße, it has a size of approx. 20,600 m². Niedersachsen Ports intends to make the commercial space available for marketing within the framework of a lease agreement or a leasehold agreement.

Property C1 is to be used in particular as a port-related area, e.g. as a storage area for port industry, logistics or transshipment companies (transshipment / import / export via Cuxhaven), as a parking facility (open / covered parking spaces or as a parking shelf) for shipping traffic via Cuxhaven or as an "interface" for transshipment via ship / rail / road. However, other port-oriented processing / service companies whose activities are related to the port or port logistics are also conceivable. Excluded are other commercial settlements whose activities do not lead to port transshipment via the quay edges in Cuxhaven. Also excluded are hazardous materials companies, residential buildings, bulk goods and other dusty goods as well as parking space management. A fortification of the area is possible, but a development with buildings is excluded (exception: parking shelf for motor vehicles to be shipped or embarked via Cuxhaven and associated facilities / facilities / buildings).

Niedersachsen Ports is carrying out this negotiated procedure for a port-related commercial settlement on property C1 by concluding a lease agreement (with an obligation to use it in accordance with the purpose of use still to be negotiated) or a leasehold agreement (with an obligation to build and operate buildings and facilities / production facilities to be contractually determined).

The minimum term of the land contract to be concluded is 1 year. Additional extension options can be agreed.

Niedersachsen Ports points out that, in the opinion of Niedersachsen Ports, the land contract to be concluded here could possibly constitute a concession within the meaning of Section 105 GWB due to the obligation to operate contained therein and the fees that may result from the operation. However, on the basis of previous experience, Niedersachsen Ports assumes that the value of the land contract at issue here will not exceed the threshold value pursuant to Section 106 ARC.

Nevertheless, Niedersachsen Ports has decided to tender the land contract to be concluded here within the framework of a Europe-wide, competition law negotiation procedure, which is based on the requirements of the Concession Procurement Ordinance (KonzVgV). Since a corresponding selection option is not available on the procurement platform "German Public Procurement Portal" (www.dtvp.de), the procedure was described as falling within the scope of the Sector Ordinance and the corresponding announcement form was chosen. However, Niedersachsen Ports clarifies that this (technically necessary) misnomer on the German procurement portal does not change the relevance of the KonzVgV for the design of the procedure.

It should be noted that it cannot be ruled out that the Public Procurement Chamber specified in the notice may classify itself as not having jurisdiction under Section 155 of the GWB in view of the possibility of concluding a land contract that does not constitute a concession.