Awarding in emergency situation: the corona test centers

By horak Lawyers

Was the awarding of corona test centers unlawful? In the dispute over the state-owned Corona test centres, Berlin lost before court. The KG confirmed decisions of the Public Procurement Chamber according to which the awarding of contracts for the operation of the test centres was unlawful: Decision of 10.05.2022, Ref. Verg 1/22 and Verg 2/22…

Indicative Tenders and Negotiations

By horak Lawyers

Indicative Tenders and Negotiation: What do you need to know? Is is possible to negotiate and round up indicative bids after your company has won the tender? Let’s have a look at this tribunal proceeding (BayObLG, Decision of 03.06.2022 – Verg 7/22):   Tribunal Decision of 03.06.2022 Award 7/22 (1) The contracting authority may organise…

How many forms of procurement proceedings do you know?

By horak Lawyers

In Germany we have many forms of tendering proceedings and we highly recommend you to understand the difference between each of them. Our international law firm is also able to advice you step by step during the tendering proceedings you decide to take part of. Open procedure (public invitation to tender) This procedure is the…

War-Related Procurements: Germans Procurement Reaction

By horak Lawyers

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 Lawyers

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 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…