Public Procurement

We have some of the highest expertise in public procurement and can advise you in all aspects of German and European public procurement law. We combine in-depth legal knowledge and expertise with comprehensive experience in conducting public procurement procedures.

For contracting authorities

If you are a contracting authority, we can advise you on the planning, preparation and conducting of public procurement procedures and privatisation, including the drafting of the contract documentation and service description. Our expertise covers different business sectors. Particularly in the area of information and communication technology and with regard to complex services, you will benefit from our broad sourcing expertise in the public and private sector.

We can assist in conducting public procurement procedures, and we can support you in your day-to-day procurement issues and in unusual procurement situations. From the specification of the work or service to be procured, the choice of the right procurement procedure, the drafting of the contract and the procedural documents, the conduct of the competition participation, the assessment of bids, and negotiations with bidders up until the awarding of the contract. Where necessary, we can represent your interests in the case of formal complaints against the award decision. We can advise you on the documentation requirements and manage the tender documents so that you can focus on the technical and commercial substance of the procurement project. We can help you with all of the formalities, from the public notice of the tender invitation to the award of the contract and the pre-information notice of the non-successful bidders. We can help you in successfully managing the demanding public procurement processes from a legal standpoint.

For bidders

If you are a bidder for a public contract, we can guide you through the procedure and the formalities. We can help you to secure your competitive advantage during the procedure and ensure your fair chance to be awarded the contract.  From our involvement in many public procurement procedures, we know that even larger companies might not find it easy to comply with the formal and procedural requirements of public procurement law. We can help you to avoid being excluded from the procedure due to formal errors, and we will ensure that you can focus on the technical and commercial aspects of your bid. Based on our broad experience from the perspective of both bidders and contracting authorities, we can assist you in securing your procedural rights to the fullest extent possible, and in identifing the potential for making your most competitive bid. We can discuss with you the best way to challenge procedural violations in a timely and appropriate manner. If the award decision is questionable, we can help you enforce your rights before the appropriate review bodies and courts.

Review procedure and appeal proceedings

When it comes to procurement litigation, you will benefit from our vast experience in review procedures and appeal proceedings. This includes the representation of contracting authorities and bidders in contentious proceedings before award chambers (Vergabekammern) and before public procurement divisions of the courts. We also represent you in case of procurement related disputes before administrative and civil courts.

Public procurement compliance

Due to legal violations, a company may be excluded from ongoing or future procurement procedures. This could last several years. In view of these sanctions, it is key that companies ensure their procurement compliance. Not only the contracting authorities, but your competitors will also take the opportunity to have you excluded from procedures wherever possible. If you are affected by any of this, we can help you make use of all legal means to get you back into the game. In particular, we can advise you on so-called self-cleaning measures. Outside the context of a specific public procurement procedure, we can also advise you on the implementation and audit of a compliance organization that is relevant in the call for competition, or that may affect your reliability as a bidder. We regularly conduct in-house trainings on different compliance issues for both management and project teams.

Public procurement law during the performance phase

Public procurement law may still be relevant after the contract has been awarded. We can advise on the implications of civil and public procurement law, as well as future contract changes and amendments. We can also ensure that your corporate transactions and restructuring measures do not put existing public contracts at risk.

State aid law

Public procurement procedures and sales transactions of public authority may also be subject to state aid regulations. We help you to compy with the relevant rules.

Public pricing law

Public pricing law is a legal matter related to public procurement law. It applies to all public contracts and becomes relevant when the contracting authority reviews the adequacy of the contract price after the contract is signed. Because public pricing law allows the contracting authorities to unilaterally adapt the contract price and reclaim payments under certain circumstances, this area of law may have significant financial implications. Public pricing law may become a particular issue where the contracting authority has awarded a contract without conducting a formal public procurement procedure. The later adaptation of the contract price and the claim for reimbursement may even occur years after the contract was signed. We can help you identify any risks at an early stage, and to avoid any public authority claims.

Trainings

We support you with inhouse seminars and trainings on all subjects of German and EU public procurement and public price law, in particular on establishing and maintaining compliance in public procurement law and to public pricing law. The agenda of each seminar is tailord individually to the needs and questions of your team.

 Issues  Preparation of public procurement procedures ● Determining the relevant type of procedure ● Procurement strategy ● Advising sectorial contracting entities ● Setting-up project plans and schedules ● Advising on specific competitive situations ● Management of conflicts of interests ● Determining the right contract type ● Individual Agreements ● Framework Agreements ● Global contracts ● Subdivision of contracts into lots ● In-house procurement ● Drafting and publishing of notice of invitation to tender ● Preparation of the tender documents ● Conditions of participation and procedure ● Assessment criteria / matrix ● Terms and Conditions ● Call for competition ● Conditions for the selection of suitable participants ● Review of the reliability and the technical, economic and financial capabilities ● Advising bidder consortia ● Assessment of the bidders’ requests to participate ● Requests for missing documents ● Service description and specifications ● Award criteria ● Q&A process ● Handling of complaints ● Assessment of public procurement law issues ● Handling of tender documents and files ● Documentation ● Reviewing tender documents ● Assistance in the selection of the suitable bidders ● Assisting at bidder discussions and clarification meetings ● Negotiations with bidders ● Negotiation management ● Notice of the award decision ● Representation before review bodies, before the award chambers and the public procurement divisions of the higher regional courts ● Representation in administrative procedures ● Representation before the European Commission ● Representation before civil and administrative courts ● Compliance ● Assessment of grounds of exclusion ● Advising on self-cleaning measures ● Public price law ● State aid regulation

 

With a broad range of experience

Our experience in public procurement law is based on a broad range of procurement procedures in different business sectors and various issues such as contracts, framework agreements, construction and services licenses:

• Banking and finance services
• Engergie supply, water supply and sewagemanagement 
• Offshore wind farms
• Facility management and security services
• Healthcare, including procurement of pharamaceuticlas, medical and hospital technology
• Information and communication technology
• Transportation & traffic
• Security and defence, including logistics
• Transport & traffic, including art transportation, bus and local railway traffic