In Germany we have many forms of tendering proceedings and we highly recommend you to understand the difference between each of them. Our international law firm is also able to advice you step by step during the tendering proceedings you decide to take part of.

Open procedure (public invitation to tender)
This procedure is the rule in the upper-threshold sector, unless the nature of the service or circumstances justify a kind of deviation. All applicants who can prove their suitability are invited to submit a tender. The invitation to tender is published on a specific Internet portal and appears throughout Europe in the Supplement to the Official Journal of the European Union. There is a ban on renegotiation to ensure equal opportunities for the candidates.

Restricted procedure
This type of award is only permitted as a “justified exception”. Reasons may be listed as: urgency or secrecy, or if a previous open procedure did not end to an acceptable result. For contracts above the threshold value, the restricted procedure must be preceded by a public invitation to tender. This means that a limited number of bidders are generally invited to submit a bid. For example, the Vergabe- und Vertragsordnung für Leistungen (VOL/A) requires a minimum of three bidders for construction work.

Negotiated procedure
In the upper-threshold area, this procedure is only envisaged if the two aforementioned procedures are inappropriate. The contracting authority conducts negotiations with selected enterprises. The negotiated procedure can take place with or without a public contract notice. For more information please contact us. 

Innovation partnership
Where solutions are not yet available on the market, they shall definitely to be developed; contracting authorities may use this type of award to develop innovative services and products.

Procurement Law can be very complicated if you are submitting a tender for the first time. We offer you great legal support, experience, qualifications, time and our team expertise. 

Make sure to start with the right team. Contact us.