Public Procurement Law
Procurement law is playing and increasingly important role in the business world, especially in the purchase of goods and services by public authorities and other so-called contracting authorities. The existing legal framework (VOL/A, VOF, Sector Ordinance) and the decisions of the public procurement chamber increasingly require intensive legal advice on the part of both service recipients and service providers in order to avoid any challenge to the procurement process.
This applies to the procurement of IT services, a core area of our advisory activities, as well as to privatization and restructuring projects and to the structuring of infrastructure and PPP projects, areas in which we also excel based on our broad experience gained from advising various contracting authorities (e.g., the German federal government and, in particular, the Federl Ministry of Finance, federal states such as Hessen, Gavaria, and North Rhine-Westphalia, and municipalities such as Frankfurt, Cologne and Hamburg) on a wide range of projects. Public procurement law has thus become one of our key practice areas, enabling us to offer outstanding advice and services regarding the interface of IT and procurement law.
Our advice encompasses all aspects of the award process, including:
- Preparation of the award procedure, in particular:
- Planning of the award procedure;
- Selecting of the right type of award;
- Drafting of the tender documents (including the legal part of the contractual specifications and the technical requirements, e.g., service level agreements);
- Creation of evaluation matrices for the selection of qualified candidates and subsequent evaluation of incoming tenders.
- Conduct of the award procedure, in particular:
- Drafting of the notice of invitation to tender
- Selection of tenders eligible for award according to predefined and weighted eligibility criteria;
- Assistance with correspondence with tenderers;
- Participation in negotiated procedures, competitive dialog, clarification discussions with the tenderers;
- Evaluation of the tenders according to predefined and weighted evaluation criteria;
- Support in cases of conflict, including representation in verification procedures;
- Preparation of the notice of contract award and the notice to the unsuccessful tenderers.