Procurement of passenger counting sensors and the necessary adjustments in the MOBILEguide software Text automatically translated in your browsing language Automatically translated

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Negotiated procedure without prior call for competition. The supply can only be carried out by a specific economic operator for the following reasons: non-existing competition for technical reasons. Explanation: The procurement of passenger counting sensors as well as the necessary adaptations in the MOBILEguide software can only be awarded to INIT GmbH, as for technical reasons there is no competition pursuant to § 13 (2) no. 3 b) SektVO. The defined requirements in their extensive abundance and combination are not possible by any other potential bidders. In the present case, only INIT GmbH is able to meet the listed requirements. The on-board computers used on the vehicles of the Rheinbahn come from the company INIT GmbH. Only the company INIT GmbH has the necessary technical knowledge to make possible system additions to the software of the on-board computers in order to be able to connect them to the central component of the ITCS of Rheinbahn AG. In the absence of generally binding standardisation, the software of the central component of an ITCS and the software of the on-board computers used on the vehicles used in public transport have the same processes only if they are procured by the same system manufacturer. The processes are manufacturer-specific standards and as such are subject to trade secrets; They are therefore not generally and freely available. INIT GmbH has a unique selling point in this respect - due to the already existing on-board computers at the Rheinbahn, which must be included. In the absence of generally binding standardisation, a bidirectional interface between the central ITCS and the on-board computers used on the vehicles as a mobile component of an ITCS is only fully functional if the interface partners involved are procured by the same system manufacturer. The interface is a manufacturer-specific standard and as such is subject to trade secrets; It is therefore not generally and freely available. INIT GmbH has a unique selling point in this respect - due to the already existing on-board computers at the Rheinbahn, which must be included. As a result of the audit for the procurement of the central components of the ITCS, it should be noted that INIT GmbH has a unique selling point with regard to the mandatory requirements for the services to be procured. Consequently, public participation competition would be misleading and the associated expenditure would be temporally and economically inappropriate for all market participants. The limits of the contracting authority’s freedom to determine the performance of the contract are complied with, provided that the provision is objectively justified by the subject-matter of the contract, that objective, contract-related and factual reasons for this have been given by the contracting authority and that the provision does not discriminate against other economic operators. There is therefore no artificial and therefore unlawful restriction of competition. The date of conclusion of the contract with INIT GmbH cannot be entered, as this day is only possible 10 calendar days after publication of this announcement. At the time of registration, the contracting authority cannot determine exactly when the period of 10 calendar days begins, as the publication is carried out by the Official Journal and usually takes several days, which cannot be precisely determined. The contracting authority therefore points out that the conclusion of the contract between Rheinbahn AG and INIT GmbH will take place 10 days after the publication of this notice. Details of the time limits for lodging appeals: Paragraph 160(3) of the GWB provides: The application shall be inadmissible in so far as (1) the applicant has recognised the alleged infringement of procurement rules before submitting the request for review and has not complained to the contracting authority within a period of ten calendar days; the expiry of the period pursuant to Section 134(2) remains unaffected, 2. infringements of procurement rules which can be identified on the basis of the contract notice are not complained to the contracting authority by the expiry of the deadline for the submission of applications or tenders specified in the contract notice at the latest, 3. infringements of procurement rules, which can only be identified in the procurement documents, are not complained to the contracting authority by the deadline for the application or submission of tenders at the latest, 4. More than 15 calendar days have elapsed after receipt of the client's notification that it does not wish to remedy a complaint. Sentence 1 shall not apply in the case of an application for a declaration that the contract is invalid pursuant to section 135 (1) number 2. Section 134 (1) sentence 2 remains unaffected. Name and address of the contractor: Official name: INIT GmbH Postal address: Käppelestraße 4-10; Location: Karlsruhe NUTS code: Karlsruhe Postal code: 76131 Country: Germany Internet address: https://www.initse.com/ Text automatically translated in your browsing language Automatically translated

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DE Deutschland
DEA11 Düsseldorf, Kreisfreie Stadt

35125100 - Sensors

72260000 - Software-related services

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