Awarding in emergency situation: the corona test centers

By horak. Attorneys-at-Law

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. Attorneys-at-Law

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. Attorneys-at-Law

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. 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…

Procurement Law Reform in Germany – Why?

By horak. Attorneys-at-Law

What does public procurement law regulate? Public contracts are an important economic factor. Public authorities request services, construction work and goods from almost all economic sectors on a large scale. Modern public procurement law ensures the fair, efficient and sustainable award of public contracts through transparent award procedures. It regulates how public contracting authorities must…

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…