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…

Inspection of procurement files : “Aktenansicht”

By horak Lawyers

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…

Public procurement: how does the Bundeskartellamt work?

By horak Lawyers

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…