Optical Frequency Comb

Humboldt University of Berlin (hereinafter "HU") intends to procure the product from Menlo Systems GmbH as part of a comprehensive research project

The contracting authority deemed it necessary to determine the procedure as a negotiated procedure without a prior call for competition in accordance with § 14 para. 4 no. 2 lit. b) and c). According to § 14 para. 4 no. 2 VgV, the procurement requirement can only be met or provided by a specific company at the time of the invitation to submit tenders. This development is due to the fact that there is no competition for technical reasons. Another aspect concerns the protection of exclusive rights, particularly intellectual property rights. In this case, the contract is awarded to a single company. The contracting authority is of the opinion that awarding the contract without prior publication of a notice in the Official Journal of the European Union is lawful. The factual situation is explained below. The current case law (cf. OLG Düsseldorf, decision of 22.05.2013 - VII-Verg 16/12, OLG Düsseldorf, decision of 01.08.2012 - VII - Verg 10/12, SatWaS/MoWaS u. decision of 27.06.2012 - VII-Verg 7/12, pre-filled syringes) shows that the procurement law limits on the discretion of the public contracting authority are observed, as (1) the determination is objectively justified by the subject matter of the contract, (2) there are comprehensible objective and contract-related reasons for the determination by the contracting authority, and the determination has therefore been made without arbitrariness, (3) the reasons actually exist, and (4) the determination does not discriminate against other economic operators. As part of a market survey conducted, it was determined that at the time of the intended commissioning, only Menlo Systems GmbH itself could offer a suitable scope of services with the optical frequency comb product, cf. § 31 para. 6 VgV. No alternative solutions or alternative providers could be identified, cf. § 14 para. 6 VgV. As part of the preceding market survey, specific unique selling points were identified which result in the service to be procured being exclusively obtainable from Menlo Systems GmbH. The technical exclusivity in the specified version, the necessity of direct manufacturer services, as well as the economic advantage of direct procurement demonstrate that there is no functioning competition and no reasonable alternative or substitute solution within the meaning of § 14 para. 6 VgV is available. The product to be procured is part of the Quantenrepeater.Net – QR.N project. This network is intended to connect various quantum technologies of quantum optics that operate at different wavelengths ("colors"). For this purpose, precise access to various optical frequencies is essential. The participating groups have agreed to jointly use a high-precision frequency measurement and stabilization system that covers the individual requirements of the different laboratories – including telecommunications wavelengths, atomic transitions, and transitions in solid-state defects. The current state of the art for this application is a frequency comb generator, a system invented and developed by Menlo Systems. To date, Menlo Systems is the only provider offering devices with a broad spectral range and constant stability. This is supported by the fact that the technologies ensuring this high quality are protected by European and international patents owned by the manufacturer. [Continued under "Justification for Direct Award - Other Justification"]