In important invitations to tender, we act in support of our clients from the very beginning if possible. That is the only way in which the risks of exclusion and, above all, the irrecoverable loss of rights from procurement law preclusion provisions can be avoided. We support our clients in the preparation of error-free and complete tender documents. With precise bidder questions and procurement law objections, we set the course at an early stage for a successful conclusion of the procurement process. If necessary, we enforce our clients’ rights in procurement review proceedings. The knowledge of the extremely differentiated decision-making practice of the federal bodies and the Länder and the procurement senates of the Higher Regional Courts is a critical factor in success as well as our many years’ relevant litigation experience.
Weitere Schwerpunkte aus der Expertise "Procurement Law"
Anti-trust Law and Competition Register
Anti-trust law and procurement law have always been related. Both are regulated in the Act against Restrictions of Competition (GWB). In many procurement instances, anti-trust issues from the admissibility of bidder syndicates, double participation, submission agreement and grounds for exclusion including in cases of the purchasing power of public bodies arise. Those connections are further strengthened by the new competition register of the Federal Anti-trust Office. We have dealt with both legal areas for many years from our own resources. That is one of our traditional strengths.
We act for public principals at all administrative levels. We are familiar with the specific and often sensitive issues raised by ministries, regions and municipalities and by public service companies and securely support our clients throughout the various procedural stages.
Anti-dumping and Anti-subvention Proceedings
Invitations to tender are characterised by hard price competition. That is, in principle, in the interests of economic procurement. However, there are limits. Obviously low prices and strategies associated with “predatory pricing“ are restricted by procurement law and anti-trust law. Increasingly, anti-dumping and anti-subvention proceedings conducted with great determination by the EU Commission in the tendering markets, especially against imports from China, but also Russia, are additional restrictive features.
Procurement Review Proceedings
The legislator has provided bidders, in the case of contracts above the EU thresholds, with a very effective legal protection possibility in the procurement review proceedings. We are aware of the possibilities and risks of such proceedings from conducting many successful cases.
Procurement in the Transport Sector
With the ending of the transition period of Reg. (EC) No. 1370/2007, transport procurement proceedings concerning the networks and routes on the road and on the railways have considerably gained in significance.