On 09.07.2026, the contracting authority commissioned the company Samson AG, Weismüllerstrasse 3, 60314 Frankfurt am Main, order number 4505547886 with the conversion of the approximately 25,000 existing modems from 2G to multiband modem (4G / NB IoT / LTE-M / 5G). The client is the operator of the district heating network in Berlin. As part of an EU tender (EU No. 243401-2017), Samson AG was commissioned with the first delivery and installation of SmartMeters (existing meters & new modems & new software solution) with order number 4504460426 and the installation of the approximately 25,000 required modems was implemented in the years 2020 to 2024. The modem and software solution installed by Samsung is based on the 2G standard (2 generation of mobile communications) which is customary and state-of-the-art at the time of installation. Although there is no legal requirement for this, the major mobile operators plan to shut down 2G technology by 2030 in order to free up frequencies for faster networks such as 4G and 5G. For the contracting authority, there is therefore a compelling need to replace only 2G-connected modems so that the SmartMeter can be read remotely via multi-band capable modem by the end of 2030 at the latest. Inventory modems must also be retrofitted to comply with RED and CRA regulations. Samson AG’s smart meter system currently used by the contracting authority allows for a plug-and-play replacement when using modern-generation Samson modems – the new modems are plugged into the existing sockets and automatically log in to the platform, while the old modems are deactivated in the platform. Competitor modems are not compatible with the stock sockets and would require alternative or parallel technical solutions. Among other things, all sockets would have to be replaced, the house connections rewired and a new DGUV V3 test would have to be carried out. On the software side, plug-and-play would no longer be possible immediately with external modems, new protocols would have to be written, encryption mechanisms would have to be developed, certified and tested. In addition, due to the necessary testing of the safety protocols and the necessary rewiring, the interoperability (protocols, digital twins) and the propriety of the Samson interface, a conversion of all 25,000 modems with external devices could not be technically produced by 2030, or only with technically unreasonable effort (Section 13(2) Nos. 4 and 5 SektVO). Justification for the conclusion of a framework agreement for modem conversion (approximately 25,000 units) with Samson AG as a direct award: The contract can only be carried out by the manufacturer of the existing SmartMeter system, Samson AG, as competition is not possible for technical and economic reasons, the construction of a new SmartMeter/modem system of a competitor would be subject to considerable difficulties and considerable additional costs, the contracting authority would have to procure a service with different technical characteristics and this would lead to technical incompatibilities or disproportionate difficulties in use and maintenance. Furthermore, the necessary conversion of the modems is necessary due to external circumstances that cannot be influenced by the contracting authority (shutdown of the 2G technology), which was not recognizable to them during the initial procurement as part of their duty of care (Section 13(2) Nos. 4 and 5 SektVO).
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