In the context of public procurement law, a protest (or Rüge) is a formal objection raised by a bidder who believes that the procurement process has not been conducted in accordance with applicable legal and procedural requirements. The review procedure (or Nachprüfungsverfahren) is the formal process through which such complaints are examined and resolved by…
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.…
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 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…
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…
Read the tendering requirements first. Procurement Law Specialists are the best consultation authority you could rely on in these cases. VK Westphalia, Ref.: VK 2-20/21 of 14.07.2021 In the context of a procurement procedure in the EU upper threshold range, the refurbishment of conveyor technology in a central hospital was put out to tender. To prove…