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…

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

By horak. Attorneys-at-Law

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…

Threshold values in public procurement law

By horak Lawyers

If, according to § 2 VgV*[1], the expected order value exceeds a so-called threshold, a Europe-wide awarding proceeding must be carried out. In such a case, it can be assumed that the mandate is of cross-border interest and relevant to the internal market. Above these thresholds, here applies laws “coined” by the European directives (the…