Awarding in emergency situation: the corona test centers

By horak. Attorneys-at-Law

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…

Terminology Twist – Procurement

By horak. Attorneys-at-Law

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…

Contracting Authority: Candidate must prove own capability

By horak. Attorneys-at-Law

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. Attorneys-at-Law

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…