FPS supports TÜV Rheinland in a research report on vehicle procurement processes in urban rail transport

FPS supported the research project, launched in 2023, with its expertise in public procurement law. The study aimed to review the procurement processes for trams and light rail vehicles under the Tram Construction and Operating Regulations (BOStrab), comparing them with processes in other EU member states and identifying potential areas for improvement. The goal is to further develop urban rail transport as a central component of the transport transition in an efficient manner. 

The project was led by TÜV Rheinland. The legal part was handled by lawyer Aline Fritz. As part of the study, the experts analysed the period from 2012 to 2022. As well as examining the legal situation in Germany, the experts looked closely at the legal framework in France, Austria and Poland, among others. 

The results show that the tendering and contract implementation phases for the procurement of road and light rail vehicles in Germany can be significantly longer. While the entire process takes an average of 4.1 years in other EU countries, it takes around 5.2 years in Germany. 

The report identifies deviations from standard solutions in vehicle technology, the high complexity of maintenance services, and personnel and organisational resource bottlenecks as the main causes of delays. 

Consequently, existing standard vehicles often cannot be used. Greater standardisation, particularly in the tendering process, could help smaller transport companies in particular implement the procurement process more efficiently. As a result, the authors present specific action recommendations of a technical, organisational and legal nature. 

Lawyer Aline Fritz explains: "The study shows that targeted legal and organisational adjustments can realise substantial acceleration potential – sustainably and in full compliance with the law. We are delighted to have contributed our extensive experience in tendering and procurement processes to this project. When advising Mainz Transport Authority on new and replacement tram procurement processes last year, we recognised the considerable demand for practical solutions in this field."