War-Related Procurements: Germans Procurement Reaction

By horak. Attorneys-at-Law

Facilitations under public procurement law for war-related procurements The situation in Ukraine is keeping us with bated breath. Never before have we realised how everything in our modern world is connected like a jigsaw puzzle, and never before have we realised that if one piece of the puzzle is lost, nothing fit anymore. As in…

Terminology Twist – Procurement

By horak. Attorneys-at-Law

Does a procurement manager have something to do with a procurement proceeding? Well, the answer is easy: The job title “Procurement Manager” is synonymous of “Purchasing Manager” or “Buyer”. In German you can speak of procurement manager or buyer. The Procurement Manager is responsible in a company mainly for everything that has to do with…

Awarding Contracts above EU Thresholds

By horak. Attorneys-at-Law

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…

Contracting Authority: Candidate must prove own capability

By horak. Attorneys-at-Law

Contracting authorities have the right to have their candidates proving their capability: it that right? Let’s read an interesting case (VK Bund, Decision of 29.04.2021 (Ref.: VK 2-5/21)) about it.  Facts of the case: A negotiated procedure with a call for tenders was conducted for an awarding proceeding. In order to prove their suitability, applicants…

Inspection of procurement files : “Aktenansicht”

By horak. Attorneys-at-Law

How difficult it is in Germany to get the awarding files dispatched? Here a new decision from the German VK Bund, decision of 26.03.2021, VK 2 – 13 / 2. The right to inspect files does not mean that the procurement files must be sent by the Public Procurement Tribunal to the applicant or his authorised…

Public procurement: how does the Bundeskartellamt work?

By horak. Attorneys-at-Law

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…