public procurement procedure, open procedure, restricted procedure, negotiation procedure, competetive dialog, innovative partnership, ppp, EC procurement lawyer
Dear readers, as an international law firm, we are constantly in contact with the tribunal judiciary system in Germany and worldwide. Law is our passion and Law is what we want to talk about. In this regard, we are glad to present you our new project: Tribunal Decision – BWLH Reviews. Our team is reviewing each…
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We are delighted to inform you, that our law firm team has just welcomed new talented attorneys and office members! A warm welcome and lots of good wishes on becoming part of our growing team. Congratulations and on behalf of all the members. We are all happy and excited about your inputs and contribution to our…
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A review procedure of the tendering proceedings before the public procurement supervisory committee (tribunal) starts only at request of a company. Certain formalities have to be respected, in order to avoid the rejection at the time of the review procedure. Federal Cartel Office and Public Procurement Tribunals of the respective German Länder Public procurement tribunals…
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According to § 160 (1) GWB, the public procurement tribunal shall initiate review proceedings (Rüge) only upon application. Paragraph § 160 (3) of the GWB specifies that an application becomes inadmissible if the applicant became aware of the violation of public procurement provisions during the awarding procedure, but did not complain to the contracting entity…
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The evaluation of the offers by the public sector takes place in four statutory levels, the order of which must be observed. A commingling of the levels, an evaluation at the wrong level or the multiplying of a criterion can easily lead to a violation of bidding rights. First Assessment Level At the first stage…
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When purchasing goods or services, the public sector has to make an economic use of the communal funds, as public contracts are paid by citizens ‘taxes. For this reason, it has to adhere to a few principles in the occasion of carrying out new awards (which are regulated in § 97 GWB). These requirements have…
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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…
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eProcurement law Public procurement authorities and companies in the upper threshold area shall already principally use electronic means of communication (see § 97 (5) GWB, § 9 (1) VgV). The electronic procurement (E-Vergabe) makes it possible to handle procurement proceedings completely via the Internet and especially through other particular procurement platforms. This is extremely advantageous…
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Open procedure (EU-Procurement Law)/ public tendering (national award) We talk about open procedures (for national proceedings below the EU thresholds: public tendering) in the specific case of contracting authority publicly requesting an unlimited number of companies to submit their offers. Restricted procedure (EU-Procurement Law/ restricted tendering (national award) A procedure is considered restricted (Europe-wide) in…
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