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
Let´s have a look at the tribunal decision!
Berlin 2021 had commissioned the company 21DX from Munich with the operation of the state-owned test centres. However, the Berlin Public Procurement Chamber, as the competent authority, criticised the awarding of the contract as illegal. It was objected to the fact that only the offer from 21DX had been obtained/requested.
The other procedure involved the operation of twelve test centres owned by the Land, which was planned from December 2021 to March 2022. The Land awarded the contract to one company and rejected its competitor on the grounds that it did not have the necessary references. Here, too, the Public Procurement Tribunal disagreed.
In both cases, the KG now confirmed the opinion of the Public Procurement Tribunal at the first instance proceeding.
What is public procurement law?
Public procurement law ensures the fair and sustainable award of public contracts to companies. The formulated regulations provide public contracting authorities with instructions on how to distribute contracts for construction and services as well as supplies.
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