Practice areaProcurement lawKnowledge in the area of procurement law is combined in the Procurement, Competition and State Aid specialist department. Our procurement lawyers are specialists with a great deal of experience in providing advice and procedures. This extensive expertise allows us to be of service to our clients, who include both contracting parties (including municipalities, SW companies, water boards, universities and healthcare institutions) and tenderers (including contractors, suppliers and architects). Because we act for both parties, we can address your questions from a range of perspectives.
For quite some time now, public authority contracts above the European tender thresholds must, in principle, been put out to tender at a European level. But it has become clear that public authorities must also often take procurement law into account with many contracts under that threshold, in addition to any procurement policy they may have. This is not only because of the new Public Procurement Act (of 1 April 2013) but is also related to the (European) principles of procurement law. In addition, private parties who (voluntarily) choose to submit a tender may also have to take account of these principles.
Frequently asked questions
Extensive public procurement regulations and the numerous (at times contradictory) court rulings often make the practice very complex.
Are the following questions familiar to you as well?
- What does the amendment to the Public Procurement Act mean for the practice?
- When is there an obligation to issue a call for tenders?
- When can public authorities issue contracts between one another without having to issue a call for tenders?
- Are the tender documents in accordance with the Public Procurement Act?
- Is it possible to withdraw a tender (once it has been awarded)?
- When is a tender strategic (admissible) and when is it manipulative (inadmissible)?
- Can a tender be declared invalid because of a shortcoming?
- Which amendments are allowed to be implemented in an awarded contract?
- In how far must I as a private party also take the Public Procurement Act into account?
Our knowledge is your knowledge
We are pleased to share our specialist knowledge with clients. For this reason, we organise workshops for tenderers and contracting parties. During the workshops, we examine all issues that are important in tendering practice. Do you have a specific topic you wish to discuss? It is possible for us to put together a workshop in consultation that is tailored entirely for your organisation. Or if you have a question about a tendering procedure, you are welcome to call for advice in the first instance (with no obligation).