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…

Awarding Contracts above EU Thresholds

By horak Lawyers

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…

Electronic procurement (eProcurement)

By horak Lawyers

Electronic procurement (eProcurement) permits procurement procedures to be handled entirely online. The advantages: Due to the uniform procedures, online procurement is more efficient and cheaper both for the contracting authority and for private-sector contractors. Promoting eProcurement With regard to contracts above the EU thresholds, all tender documents, and particularly the specification, must now (since 18…

Video conferencing System for Schools – The Tribunal Decision

By horak Lawyers

Frankfurt am Main Higher Regional Court, Order of 23.12.2021 – 11 Verg 6/21 – Is the invitation to tender for video conferencing systems for Hessian schools contrary to award rules? The procurement of a data protection-compliant video conferencing system by the State of Hesse cannot be carried out on the basis of the existing award…

Procurement Law Reform in Germany – Why?

By horak Lawyers

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 Lawyers

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…