Beratzhausen – Selection procedure for a service concession in the operator model for the operation of a Gigabit network according to the Federal Gigabit Directive 2.0

The subject of this tender is the award of a service concession for the network operation (operator model according to point 3.2 of the Federal Gigabit Directive 2.0) of a passive Gigabit network owned by the market town of Beratzhausen. The aim of this measure is the comprehensive supply of the aforementioned expansion areas with gigabit-capable broadband connections with data transfer rates of at least 1 Gbit/s symmetrical for all end-users of the tendered addresses, whereby the upload and download rates must at least double. A supply rate of 100% of all end-users of the tendered addresses in the expansion area is required. The expansion area consists of the underserved locations of the market town of Beratzhausen listed in the appendix. Further details can be found in the service description. The address list in the appendix to the service description is decisive for the definition of the development area. A market exploration procedure carried out in advance has shown that a purely private sector development of a Gigabit network is not to be expected in the coming three years. Furthermore, during the market exploration procedure, no objection was raised by a network operator of an already subsidized NGA network regarding an overlay according to the Federal Gigabit Directive 2.0 before the end of the subsidy period. The project is to be funded with public funds on the basis of the so-called "operator model"; the basis for this are the EU Guidelines for the application of State aid rules in relation to the rapid expansion of broadband (Broadband Guidelines) of 26.11.2013 and the Directive "Funding to support the gigabit expansion of telecommunications networks in the Federal Republic of Germany" – Federal Gigabit Directive 2.0 of 31.03.2023 ("Federal Gigabit Directive 2.0"), as well as, additionally, the Framework Regulation of the Federal Republic of Germany for the support of the comprehensive rollout of Gigabit networks in "grey spots" of 13.11.2020 ("Gigabit-RR"). The execution of the contract is subject to a grant decision for the final amount of the grant (at federal and, if applicable, state level) by the granting authorities, in accordance with the application. In the event of an award, the recipient must commit to providing broadband for the term of the lease and operating agreement defined in the service description. At the same time, the recipient must commit to granting open and non-discriminatory access to the constructed infrastructures at the pre-service level, in particular access to empty conduits, access to unlit fiber optics, bitstream access, and collocations. Reference is made to the relevant provisions of the grant decision in conjunction with § 155 para. 4 TKG. The passive Gigabit network of the market town of Beratzhausen is an FTTB network. The funding regulations can be requested from the contracting authority's contact point mentioned in point 8.1 and will be an essential part of the lease and operating agreement in the event of an award. In the event of an award, further declarations may be required for submission to the funding body. By submitting an offer, each bidder undertakes to submit these in the event of an award, insofar as they have not already been submitted during the selection procedure. The recipient must also comply with all norms (including TKG) and other legally binding requirements relevant to the implementation of the measures, and obtain all necessary permits, confirmations, etc. in a timely manner and at their own expense. All further documents for this selection procedure can be accessed barrier-free via the awarding platform aumass at https://plattform.aumass.de:443/Veroeffentlichung/av2277b1-eu.