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WFW advises NLStBV on €600m tender for A1 functional construction contract20 January 2021

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Watson Farley & Williams (“WFW”) has advised the Roads and Transport Authority of Lower Saxony (Niedersächsische Landesbehörde für Straßenbau und Verkehr – NLStBV) on the successful EU-wide tender for the functional construction contract for the expansion and maintenance of the A1 federal motorway between AS Lohne/Dinklage and AS Bramsche with regard to the award procedure and project contract.

The contract was awarded to the A1 Lohne-Bramsche bidding consortium consisting of Johann Bunte Bauunternehmung GmbH & Co. KG and STRABAG AG Germany. The tender was structured as a negotiated procedure with a prior call for tenders and, despite challenges resulting from the Covid-19 crisis, was successfully completed in close coordination with the NLStBV and the Federal Ministry of Transport and Digital Infrastructure before the end of 2020. This is the first contract award for a federal motorway project under the aegis of the new Autobahn GmbH authority set up by the government on 1 January 2021.

The WFW Germany team advising NLStBV was led by Munich Partners Dr Christian Bauer (Corporate) and Dr Felix Siebler (Regulatory, Public Law & Competition), supported by Associates Annabelle Forster (Regulatory, Public Law & Competition) and Katrin Gerceker (Corporate).

Christian commented: “With the modelling of the functional construction contract, an innovative approach was chosen offering numerous advantages for both client and contractor compared to conventional construction projects. We were very happy to take on the challenge of developing and negotiating customised contract structures together with the representatives of the public sector”.

Felix added: “We are very pleased that we were able to contribute our expertise in public procurement law and many years of experience advising the public sector on the conceptual design and realisation of tenders for infrastructure projects  to help our client successfully close this transaction”.

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