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Category: public procurement procedures

public procurement procedure, open procedure, restricted procedure, negotiation procedure, competetive dialog, innovative partnership, ppp, EC procurement lawyer

Procurement Law Reform in Germany – Why?

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…
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Contracting Authority: Candidate must prove own capability

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…
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Inspection of procurement files : “Aktenansicht”

How difficult it is in Germany to get the awarding files dispatched? Here a new decision from the German VK Bund, decision of 26.03.2021, VK 2 – 13 / 2. The right to inspect files does not mean that the procurement files must be sent by the Public Procurement Tribunal to the applicant or his authorised…
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Public procurement: how does the Bundeskartellamt work?

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…
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0,00 € Offer: is this a price quotation?

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…
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Review procedure of the tendering proceedings before the public procurement supervisory tribunal

A review procedure of the tendering proceedings before the public procurement supervisory committee (tribunal) starts only at request of a company. Certain formalities have to be respected, in order to avoid the rejection at the time of the review procedure. Federal Cartel Office and Public Procurement Tribunals of the respective German Länder  Public procurement tribunals…
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Complaints and review proceedings in public procurement law

According to § 160 (1) GWB, the public procurement tribunal shall initiate review proceedings (Rüge) only upon application. Paragraph § 160 (3) of the GWB specifies that an application becomes inadmissible if the applicant became aware of the violation of public procurement provisions during the awarding procedure, but did not complain to the contracting entity…
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Public procurement procedures

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…
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