Public Procurement law

We advise public clients, in particular municipalities, public bodies and public companies, but also grant recipients and companies within the utilities sectors, especially from the energy sector, in all aspects of procurement law. Our advice focuses on:

  • Structuring of procurement proceedings, from the clarification of preliminary questions to the drafting of procurement documents and the granting of approval
  • Production of draft contracts tailored to the respective performance object, as part of the procurement documentation
  • Procurement law-related and strategic advice in the event of bidder inquiries and reprimands during the ongoing award procedure
  • Conducting of contractual negotiations, explanatory meetings, price and calculation verifications
  • Support during the appraisal of offers in accordance with procurement law, and in particular of service concepts, the exclusion of bidders and the verification of the suitability of quoted prices
  • Drawing up of award proposals and their presentation within the decision-making committees
  • Consultation within the context of press inquiries during ongoing procurement proceedings or following their completion
  • Drafting and (final) checking of tender documentation
  • Development of in-house solutions or public-public cooperations in accordance with procurement law, including the drafting of the necessary memoranda, documentation and draft resolutions
  • Representation of clients in screening or infringement proceedings conducted by the European Commission or the supervisory or subsidy authorities

Our consultation relates to both classic above-threshold (Federal or GWB) procurement law and below-threshold procurement law, as well as to the awarding of service concessions. It includes the development and provision of support for procedures for the allocation of services, which must be developed in a manner similar to that adopted under procurement law, on the grounds of EU law in particular. We also represent our clients in review procedures, in particular before the public procurement tribunals and senates of the Higher Regional Courts.

We are also active on the bidder side, regardless of the industry in question. Here our services include, in particular

  • Strategic advice in the event that the bidder is involved in the procurement proceedings
  • Checking of procedural notices and documentation regarding breaches of procurement law, and in particular regarding the requirements imposed by the client upon the company or with regard to the performance of the contract (e.g. suitability requirements, criteria extraneous to the awarding of contract)
  • Drafting of bidder inquiries and complaints
  • Representation in upstream market consultations and/or expression of interest procedures
  • Preliminary review of offers with regard to compliance with the proofs, declarations and price information required by the client
  • Representation in negotiation proceedings, in particular in the event of contractual negotiations
  • Representation of the bidder in redress proceedings, in particular procurement review proceedings
  • Submission of complaints to the European Commission or national supervisory authorities on account of breaches of European procurement law