Public procurement law is primarily concerned with the awarding of public contracts for goods and services by a public authority. The concept of a public authority includes not only the genuine public sector, e.g. governmental institutions, itself, but also certain organizations covered by private law that, for example, act in the general public interest in a non-commercial way and are controlled or mainly financed by the public sector. Public procurement law therefore has to deal with many layers of regulations concerning the legal protection of bidders against legal violations within the public tender process.
The public procurement process is subject to strict formal rules, most of European Union origin. The national procurement law in particular is set out in the various bidding and contract regulations (VOB/A, VOL/A, VOF). The applicable regulatory regime differs primarily according to the value of the procurement contract. Moreover, in applying the procurement law, the rules in different German federal states and the extensive case law of the special Procurement Law Tribunal and appellate Procurement Senate have to be considered.
The principles of competition, transparency and non-discrimination form the cornerstone of procurement law. Adherence to these principles usually makes it necessary for those who award public contracts to do so through public tenders. The level of the public tender depends on the procurement transaction in question (EU-wide, inland, with or without restriction of participants.
The focus of our services in the field of public procurement law is - on the one hand - advising public authorities in preparing and implementing procurement procedures. On the other hand we offer extrajudicial review of award procedures and eventual subsequent representation within any proceedings before the competent Procurement Law Tribunals and Senates, requiring in each case immediate and precise action.
The services we offer include: