According to Section 3 of the Waste Management Act for the state of Schleswig-Holstein (LabFWG), the district of Schleswig-Flensburg is a public waste management provider in accordance with Section 20 (1) of the Circular Economy Act (KrWG) and is therefore responsible for the disposal of waste from private households and waste generated and released in its area for elimination from other sources. However, the Ministry of the Environment, Nature and Forestry of the State of Schleswig-Holstein (MNUL; now Ministry of Energy Transition, Agriculture, Environment, Nature and Digitalization = MELUND) has placed the obligation to dispose of waste in order to dispose of waste from other areas of origin to the waste management system Schleswig-Flensburg GmbH (“ASF”) transmit. The district has about 202,600 inhabitants, about 65,800 properties that are connected to public waste disposal and about 5,200 commercial enterprises and other facilities connected to public waste disposal.
The district of Schleswig-Flensburg commissioned the ASF, founded in 1993 by it and a private third party, to carry out all transferable waste management tasks incumbent on the district in accordance with Section 20 KrWG from 1994; from 2009 on the basis of a so-called waste management contract (“AMV”). The district holds 51% of the shares in ASF, and 49% is owned by a private third party.
On the basis of the AMV, ASF has commissioned subcontractors to carry out the operational services (collection, transport, treatment of the waste and its further disposal). The other services (e.g. organization, planning, management of waste management, billing and collection of waste fees for the district, customer care, public relations, IT services, hereinafter referred to as waste management services) are carried out by the ASF itself, partly with the support of its private shareholder basis of a so-called service contract. The basis for this is the AMV.
With effect from 1 January 2024, the district announces, in a Europe-wide negotiated procedure with an upstream participation competition, the minority stake of 49% in the ASF, which will continue to be commissioned to carry out all transferable waste management tasks incumbent on the district, with the proviso that the bidders
- an offer for the waste management services that ASF will continue to provide to the district, and
- an offer is to be made for the services required by ASF to support the waste management services it has to provide to the district, and
- a 49% stake in the ASF at an enterprise value determined by an auditor is to be acquired by the successful bidder.
Order for the implementation of waste management services and operational disposal services (collection and transport of waste, recycling and other disposal of the waste) for the district area of Schleswig-Flensburg to ASF, a mixed economy company in which the district has a 51% stake; the 49% share of the ASF is to be taken over by the bidder at a set price. The aforementioned assignment takes place with the proviso that the ASF has to subcontract the operational waste disposal services to third companies and that the pure waste management services must be carried out by the ASF itself with support services from the bidder.
The purchase price for the shares (49% of the ASF) is set by the district in the same amount for all bidders after it has been determined beforehand by an auditor. During the bidding phase, the bidders selected as part of the competition are given the opportunity to find out about the opportunities and risks of acquiring the shares as part of a due diligence (company analysis).
The private co-partner must support ASF in providing so-called waste management services to the district of Schleswig-Flensburg. ASF has to provide the following waste management services to the district:
- organization, planning, control of waste management,
- customer care,
- management of customer and container data,
- invoicing and collection of waste charges in a circle,
- Operational management and control of ASF's own recycling centers,
- public relations/corporate communication,
- contract execution and controlling,
- preparation of necessary decisions by the district,
- preparation of the continuation of the waste management concept of the district and the ASF,
- preparation for updating AWS,
- preparation of the AGS update,
- calculation of waste fees and waste charges,
- settlement and collection of waste fees and fees from the district,
- customer care,
- Public relations, communication, waste consulting.
The following services are required by the private co-partner to support the waste management services to be provided by the ASF to the district or must be maintained by the latter and provided to the ASF:
- a controlling system and corresponding personnel capacities,
- a financial accounting system and corresponding personnel capacities,
- Accounts receivable and accounts payable and corresponding personnel capacities,
- payroll accounting, human resources,
- an IT system (software) for property, customer data and container management (including identification system) as well as for generating waste charge notices or charge invoices and for managing incoming payments and open items, reminders, etc. for the district,
- operation customer portal,
- compiling statistics, analyses,
- IT infrastructure (servers),
- IT support (help desk),
- inclusion in a network of similarly oriented companies for joint projects in the area of business optimization, industry comparisons, benchmarks and for project groups for the joint implementation of legal or market-related requirements.