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Tag: tender

public procurement procedure, open procedure, restricted procedure, negotiation procedure, competetive dialog, innovative partnership, ppp, EC procurement lawyer

Procurement Law Reform in Germany – Why?

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…
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Contracting Authority: Candidate must prove own capability

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

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…
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Tender evaluation in public procurement law

The evaluation of the offers by the public sector takes place in four statutory levels, the order of which must be observed. A commingling of the levels, an evaluation at the wrong level or the multiplying of a criterion can easily lead to a violation of bidding rights. First Assessment Level At the first stage…
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Threshold values in public procurement law

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…
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