Tender evaluation in public procurement law

By horak Lawyers

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…

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…

Electronic Procurement law in Germany

By horak Lawyers

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…

Public procurement procedures

By horak Lawyers

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…