Sub-threshold procurement refers to public contracts whose estimated value falls below the EU thresholds for mandatory EU-wide tendering. Even though these contracts do not require adherence to EU procurement directives, they are still subject to principles of transparency, competition, and non-discrimination. The specific procedures and regulations are governed by national laws of the respective member…
In the European Union, public procurement thresholds define when contracts must be advertised EU-wide, ensuring fairness and transparency. These thresholds are updated biennially to account for economic changes and currency fluctuations. Current Thresholds: Construction Contracts: €5,538,000 Supply and Service Contracts: Central Government Authorities: €143,000 Other Public Sector Contracting Authorities: €221,000 Utilities (e.g., water, energy, transport):…
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…
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…
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…