Principles of awarding contracts

By horak Lawyers

The principles of awarding contracts are dealt with and defined in Section 97 of the GWB. This describes in more detail the five basic principles of competition, transparency, equal treatment, non-discrimination and proportionality. These are the most important principles of awarding contracts and are intended to ensure competition and thus economic purchasing by the authorities.…

Indicative Tenders and Negotiations

By horak Lawyers

Indicative Tenders and Negotiation: What do you need to know? Is is possible to negotiate and round up indicative bids after your company has won the tender? Let’s have a look at this tribunal proceeding (BayObLG, Decision of 03.06.2022 – Verg 7/22):   Tribunal Decision of 03.06.2022 Award 7/22 (1) The contracting authority may organise…

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…

Principles of public procurement law

By horak Lawyers

When purchasing goods or services, the public sector has to make an economic use of the communal funds, as public contracts are paid by citizens ‘taxes. For this reason, it has to adhere to a few principles in the occasion of carrying out new awards (which are regulated in § 97 GWB). These requirements have…