Procurement in the Defence and Security
The decisive provisions on procurement in defence & security are found at various sections of the GWB and the Procurement Regulation for Defence and Security (VSVgV). The provisions are only incompletely coordinated and, in addition, subject to permanent amendments, most recently by the Federal Defence Forces Expedition of Procurement Act (Bundeswehrbeschaffungsbeschleunigungsgesetz) on the award of the 100 million Euro special fund. We continuously monitor the developments and are therefore in a position to provide secure guidance. The interest in secrecy especially in the area of national key technologies permits great scope for procedural reliefs. That is not, however, without limits as the growing number of decisions especially of procurement chambers makes clear.
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.
Bidders are primarily interested in their tender being successful on the best possible conditions. Precision, speed and avoidance from the outset of loss of rights are crucial in procurement law characterised by the principle of urgency to a greater extent than any other legal area.
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.