In 2014, Waterschap Aa en Maas held a European public tender for 'AM-Z-03-13 Cogeneration RWZ Land van Cuijk'. On the basis of this tender, two CHPs were realised and a maintenance contract for the preventive and corrective maintenance of the said installations was concluded with 2G Energietechnik GmbH for a period of 10 years. The term of this Agreement shall end at short notice. The CHP plants at the Land van Cuijk WWTP have not yet reached the end of their technical lifespan. The wish of the Aa en Maas water board is therefore to keep these installations operational for the coming years, which is also in line with the circular and sustainable ambitions of the Aa en Maas water board. To keep the installations operational, they require preventive and corrective maintenance, 1-on-1 replacement of parts and remote reading, active monitoring, adjustment and optimisation. By means of this announcement of voluntary ex ante transparency, the Aa en Maas water board wishes to inform market parties of the intention to initiate a negotiated procedure without prior notice for the maintenance of the aforementioned installations for the coming years, as referred to in Section 2.2.1.7. of the Procurement Act 2012. The contracting authority intends to go through this procedure with 2G Energietechnik GmbH. It follows from the Procurement Act that a negotiated procedure without prior notice may be applied if the public contract can only be performed by a particular economic operator because (1) competition is lacking for technical reasons, or (2) exclusive rights, including intellectual property rights, must be protected and there is no reasonable alternative or substitute. The CHPs realised as a result of the 2014 call for tenders include components of 2G Energietechnik GmbH and this supplier manages specific software necessary for the operation of these installations (including the My.2-G Platform and I.R.I.S.: Inteligent Report Information System). The integrated software of 2G Elektrotechnik is protected by intellectual property rights. Without access to this software, it is impossible to provide the necessary services. Modification of the software by third parties is not possible. In connection with the specific software of 2G Energietechnik GmbH, which is necessary for the operation of the installations, in this case there are exclusive rights, including intellectual property rights, which must be protected and there is no reasonable alternative or substitute. At the same time, this also means that there is no competition for technical reasons. By means of this voluntary announcement, Waterschap Aa en Maas wants to give market parties the opportunity to raise a reasoned objection to the aforementioned intention to start the negotiation procedure with a possible award of a contract to 2G Energietechnik GmbH. If you object to this intention, you must - on pain of inadmissibility and forfeiture of right - send your objection with sufficient reasons within 20 calendar days after publication of this notice by e-mail to water board Aa en Maas, attn. inkoop@aaenmaas.nl. If no reasoned objection has been received during the above-mentioned period, legal processing will take place and the rights of companies to challenge the intended procedure will lapse. In that case, interested parties can no longer raise objections (including by means of an interlocutory or substantive procedure) against the intended procedure. In that case, the Aa en Maas Water Authority will first proceed to the negotiation procedure and then possibly to the conclusion of the agreement for the maintenance of the CHPs at the Land van Cuijk WWTP with the said party. If an objection has been received, the contracting authority will first assess (and accept or reject) the reasoned objection before launching the negotiated procedure. If the reasoned objection is rejected by the contracting authority, the rejected party will be given the opportunity to bring an interlocutory action against the rejection before the judge hearing applications for interim measures of the District Court of Oost-Brabant within 20 calendar days of the date of the rejection, failing which the right will be inadmissible and forfeited. If an application for interim measures has been lodged within that period, the negotiated procedure shall not be initiated until an interim order has been issued. If no interlocutory proceedings are brought within the prescribed period, the rejected party can no longer raise objections (even by means of an interlocutory or substantive procedure) to the decision and has processed its rights in this regard. In that case, the water board is free to start the negotiation procedure. The contract, which the Aa and Maas water board intends to award to 2G Energietechnik GmbH for the maintenance of the CHPs at the Land van Cuijk wastewater treatment plant, has a duration of two years, with the possibility of extending it by one year each time until 2035.
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