Tender for Railway Passenger Transport Services by Bayerische Eisenbahngesellschaft

Project Name: Munich-Prague Transitional Railway Service (München-Prag Übergang, MPrÜ)

Contract Type: Public Service Contract for Railway Passenger Transport, executed in accordance with Article 5.1 of EU Regulation No. 1370/2007.

Scope of Service Lines: Includes two regional railway lines.

Line RE 25: Munich Main Station — Landshut Main Station — Regensburg Main Station — Schwandorf — Cham — Furth im Wald — German-Czech Border;

Line RE 23: Munich Main Station — Regensburg Main Station — Hof Main Station (operated as single train pair only).

Service Coverage Area: Four administrative districts in the German state of Bavaria: Upper Bavaria, Lower Bavaria, Upper Palatinate, and Upper Franconia.

Service Scale: Approximately 1.87 million train-kilometers per year.

Operational Start Date: December 10, 2028, commencing on the first operational day after the major timetable change in 2028.

Contract Duration: Initial term of 3 years, from the operational start date until December 13, 2031; with an option to extend twice, each extension for 1 year, potentially extending up to December 10, 2033.

Service Quality Requirements: The contract includes detailed operational service quality specifications. The winning bidder must strictly adhere to all quality indicators specified in the Transport Performance Contract.

Timetable Adjustment Mechanism: The contracting authority reserves the right to adjust timetable services during the contract period. Specific details of adjustments will be explained in the tender documents.

Vehicle Requirements: Bidders are permitted to use new or used vehicles to provide the service.

Bid Language: Bids are accepted in German only.

Bid Submission Method: Must be submitted via the electronic bidding system.

Bid Opening Time: April 14, 2026, 13:00 (Central European Summer Time)

Bid Validity Period: Bidders must guarantee that their bids remain valid for 136 days after the bid submission deadline.

Variant Proposals: Submission of alternative proposals is not permitted.

Multiple Bid Restriction: A single bidder is not allowed to submit multiple bids.

Electronic Invoicing: Mandatory use of electronic invoices.

Electronic Payment: Electronic payment methods will be used during contract execution.

Financial Capacity Requirements: Bidders must have a minimum annual turnover of 40 million euros for the 2024 fiscal year; minimum positive net assets at year-end 2024, calculated at current prices including hidden reserves, must be 3.5 million euros. If there was a loss in that year, the required net assets must be increased by the corresponding loss amount.

Financial Capacity Documentation: Must submit a self-declaration of 2024 turnover; 2024 year-end financial statements; if book net assets do not meet requirements, an explanation of hidden reserves is required; if there was a loss in 2024, an explanation of how the loss is being covered is required.

Alternative Proof of Financial Capacity: If the 2024 financial statements are not yet completed, 2023 financial statements, an assessment of 2024 business performance, and a self-declaration of provisional net assets as of year-end 2025 may be submitted.

Technical Capacity Requirements: Bidders must have key personnel with experience in planning and organizing regional railway passenger transport services. The relevant personnel must have held a responsible position for at least three years between 2015 and 2025 in a railway passenger transport service with an annual volume of not less than 1.5 million train-kilometers.

Definition of Responsible Position: A responsible position refers to a role with the authority to make decisions in the relevant field without needing to consult a superior.

Areas Covered by Core Competencies: Personnel recruitment, vehicle procurement, vehicle maintenance and support, operational planning, railway infrastructure booking, fare system design, sales channel management, revenue settlement, etc.

Personnel Qualification Proof: If personnel possess a higher education degree or a Railway Operations Manager qualification, it is presumed they have experience in a responsible position; if they lack these qualifications, a detailed explanation of their scope of duties and independent decision-making authority is required.

Individual Performance Proof: Must provide a personal resume for the nominated personnel, demonstrating their participation in railway passenger transport service projects between 2015 and 2025, proving they held a responsible position for a cumulative period of over three years in services with an annual volume of not less than 1.5 million train-kilometers.

Consortium Bidding Regulations: Consortium bidding is permitted; the division of work among members must be clearly defined; technical and financial capacities can be aggregated to meet requirements, but the member executing the transport service must possess the corresponding railway operation license.

Third-Party Capacity Utilization: Utilization of third-party qualifications is permitted; must submit proof of the third party's qualifications, an irrevocable commitment letter ensuring resource availability, and the third party must assume joint and several liability with the bidder; the third party must also submit a declaration of no grounds for exclusion.

Railway Operation License Requirements: Bidders must possess a German railway operation enterprise license and a safety certificate in accordance with Section 7a of the General Railway Act at the time of operational start.

Alternative Plan for License Acquisition: If the operation license is not yet obtained, a detailed acquisition plan must be included in the bid, including a reliability declaration by the responsible person, proof of financial capacity, operational organization plan, safety management system establishment plan, and a detailed timeline.

Registration Requirement: Must submit an excerpt from the commercial or trade register dated no earlier than March 13, 2026.

Declaration of Exclusion Grounds: Bidders must submit a self-declaration stating whether there are any circumstances constituting violations of the Posted Workers Act, Residence Act, Minimum Wage Act, Anti-Illegal Work Act, Supply Chain Due Diligence Act, or Sections 123 and 124 of the Act Against Restraints of Competition.

Ban on Russian-Related Enterprises: According to Article 5.k of EU Regulation (EU) 2022/576, awarding the contract to enterprises established in or associated with Russia is prohibited; bidders must submit a "Self-Declaration Regarding Association with Russia."

Document Supplementation Regulations: After the bid submission deadline, the contracting authority may, in accordance with Section 56 of the Tender Regulations, request bidders to supplement missing documents.

Appeal Body: Southern Bavaria Public Procurement Review Board of the Government of Upper Bavaria

Appeal Time Limit Regulations: According to Section 160 of the Act Against Restraints of Competition, objections must be raised by bidders within 10 days of discovering a violation; violations clearly evident in the tender documents must be raised before the bid submission deadline; appeals are not permitted more than 15 days after notification of the award decision.