Additional information: A) The district of Berchtesgadener Land points out that, contrary to point 2.1, the present award is an in-house award under Article 5(1) of Regulation (EC) No 1370/2007 in conjunction with Section 108 GWB. Where "competitive procurement procedures (Article 5(3) of Regulation (EC) No 1370/2007)" are indicated therein, this was done only because it was not technically possible to indicate the actual type of procedure. In addition, that pre-notification serves to trigger the period laid down in the second sentence of Paragraph 8a(2) in conjunction with the first sentence of Paragraph 12(6) of the PBefG with regard to the transitional periods until the in-house award of the lines concerned. B) The start of operations is carried out in accordance with the "Supplementary Document", available at https://www.lra-bgl.de/t/das-landratsamt/announcements/details/news/preliminary announcement-regular services-bgl-inhousevergabe/ ,, staggered according to sub-networks and, where provided for therein, also line-related within the respective sub-networks. This applies in particular to subsequent periods of inclusion in the in-house allocation, transitional periods and transport services marked as optional. For transitional periods up to the inclusion of individual lines or sections of lines in the intended in-house allocation, applications may be submitted in accordance with the "supplementary document" within the time limit laid down in the second sentence of Paragraph 8a(2) in conjunction with the first sentence of Paragraph 12(6) of the PBefG. If no applications for the transitional periods that can be approved are submitted, the district will award the transport services concerned by means of a public service contract in accordance with legal requirements and in accordance with public procurement law. Moreover, this advance notice only triggers the deadline for applications for commercial services for those transport services which are not marked as optional in accordance with this advance notice and the "supplementary document" and whose commencement of operations is within the relevant period pursuant to the second sentence of Paragraph 8a(2) of the PBefG. For transport services marked as optional or to be included only at a later date, a supplementary publication, in particular to trigger the deadline for self-economic applications, is reserved. For details, please refer to section "B.I.1." of the "Supplementary Document" which is available for download at https://www.lra-bgl.de/t/das-landratsamt/announcements/details/news/preliminary notice- Linienverkehr-bgl-inhousevergabe/. C) Reference to the deadline for own-account applications: Pursuant to the second sentence of Paragraph 8a(2) in conjunction with the first sentence of Paragraph 12(6) of the PBefG, an application for an authorisation for private transport of motor vehicles in regular services must be submitted to the competent licensing authority (the Government of Upper Bavaria) no later than three months after the publication of the pre-notification. This period is triggered by the present pre-notification for all the transport services covered by the intended procurement as well as the transport services during the transitional periods (cf. point B) of point 2.1). Applications which do not meet the requirements set out in this advance notice and the "supplementary document" or which only relate to partial benefits must be refused (Section 13(2a), second sentence, of the PBefG). D) Notice of appeal: The time limits for initiating review proceedings are set out in Sections 135 and 160 of the GWB. In particular, reference is made to the time limit for appeal laid down in Section 160(3), first sentence, point 4, of the GWB. Thereafter, an application for review is inadmissible if more than 15 calendar days have elapsed after receipt of the client's notification that it does not wish to remedy a complaint. The complaints laid down in the first sentence of Paragraph 160(3) of the GWB also apply to applications for review of announced direct award of public service contracts (ÖDA) (OLG Düsseldorf, B. v. 19.2.2020 – VII Verg 27/17). The current text of these standards is available, inter alia, on the website of the Federal Ministry of Justice and Consumer Protection and the Federal Office of Justice at the following link: https://www.gesetze-im-internet.de/gwb/ (Note: The legal texts available on the Internet are not the official ones. Version. These can be found in the Federal Law Gazette (Bundesgesetzblatt), which has been published exclusively electronically on the Federal Government’s proclamation platform since 1 January 2023 (htps://www.recht.bund.de/en/home/home_node.html ). Until then, the official version of the Federal Law Gazette had been issued exclusively in paper form). The competent body for the appeal/review procedure: Government of Upper Bavaria, South Bavaria Public Procurement Chamber E-mail: vergabekammer.suedbayern@reg-ob.bayern.de, telephone: 089 - 2176-2411, Internet address: http://www.regierung.oberbayern.bayern.de/ , Fax: 089 - 2176-2847
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