Principles of awarding contracts

By horak Lawyers

The principles of awarding contracts are dealt with and defined in Section 97 of the GWB. This describes in more detail the five basic principles of competition, transparency, equal treatment, non-discrimination and proportionality. These are the most important principles of awarding contracts and are intended to ensure competition and thus economic purchasing by the authorities.…

Awarding Contracts above EU Thresholds

By horak Lawyers

For tenders/awards above the threshold values, the so-called GWB public procurement law applies. This latter is based on the implementation of corresponding requirements in EU directives: Act against Restraints of Competition (GWB) – Part 4. The basics of public procurement law above the threshold are contained in Part 4 of the Act against Restraints of…

Public procurement: how does the Bundeskartellamt work?

By horak Lawyers

Public procurement: how does the Bundeskartellamt work? What are some tasks/duties of the Bundeskartellamt? Just to say some of those: enforcement of the ban on cartels, control of abusive practices and merger control, review of award proceedings of the Federation and award proceedings of public contracting entities attributable to the Federation. Was is a federal public…

Threshold values in public procurement law

By horak Lawyers

If, according to § 2 VgV*[1], the expected order value exceeds a so-called threshold, a Europe-wide awarding proceeding must be carried out. In such a case, it can be assumed that the mandate is of cross-border interest and relevant to the internal market. Above these thresholds, here applies laws “coined” by the European directives (the…