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…
For tenders/awards above the threshold values, the so-called GWB public procurement law applies. This latter is based on the implementation of corresponding requirements in EU directives: Act against Restraints of Competition (GWB) – Part 4. The basics of public procurement law above the threshold are contained in Part 4 of the Act against Restraints of…
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…
Public procurement: how does the Bundeskartellamt work? What are some tasks/duties of the Bundeskartellamt? Just to say some of those: enforcement of the ban on cartels, control of abusive practices and merger control, review of award proceedings of the Federation and award proceedings of public contracting entities attributable to the Federation. Was is a federal public…
0,00 € Offer: is this a price quotation? (Tribunal Decision – Nordbayern Az.: RMF-SG21-3194-5-11 of the 23.06.2020) The Case: The contracting authority issued a Europe-wide invitation to tender for the installation of a stainless steel pool in the course of a swimming pool renovation using the procurement open procedure. According to the submission protocol, the…
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…