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…

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…

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…