Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

 

 

horak.
Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection

 

 

...Start ...Main practice areas ...Public procurement law
Start
Main practice areas
Administrative law
Agricultural law
Animal law
Anti Trust law
Architectural law
Banking law
Brokerage law
Business law
Capital Market law
Civil law
Civil service law
Commercial law
Commercial Criminal law
Competition law
Construction law
Contract law
Copyright law
Corporate law
Cosmetic law
Customs law
Data protection law
Design law
Distribution law
Domain law
Domain Arbitration law
Education law
Employee invention law
Energy law
Engineering law
Environment law
European law
Event law
Family law
Film law
Financial penalties law
Fiscal Offences law
Food law
Gambling law
Guarantee law
Higher Education law
Image rights
Industrial law
Inheritance law
Insolvency law
Insurance law
International law
International Trade law
Internet law
IP law
IT law
Labour law
Land law
Law on associations
M&A law
Mail order law
Media law
Medical malpractice law
Medical Products law
Medicine law
MLM law
Music law
Online law
Patent law
Pharma law
Plant variety law
Photography law
Press law
Publishing law
Public commercial law
Public procurement law
Purchasing law
Real Estate law
Restaurant law
Sales representaves rights
Sports law
State Aid law
Students rights
Tax law
Technology law
Tenancy law
Telecommunications law
Terms and conditions law
Tort law
Trademark law
Traffic law
Transport law/Shipping law
Waste law
Wine law
 
horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@bwlh.de
hannover@bwlh.de
 
horak.
Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@bwlh.de
 
horak.
Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Otto-Brenner-Straße 209
33604 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@bwlh.de
 
horak.
Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@bwlh.de
 
horak.
Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@bwlh.de
 
horak.
Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Mainzer Landstraße 50
60325 Frankfurt
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@bwlh.de
 
horak.
Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@bwlh.de
 
horak. 
Attorneys at Law Munich
Lawyers
Patent Attorneys
Landshuter Allee 8-10
80637 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@bwlh.de
 
horak.
Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Stockholmer Platz 1
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@bwlh.de
 
horak. 
Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29
vienna@bwlh.de

 

Public procurement law - horak Attorneys at law, Germany

What does „public procurement law” comprise?

Public procurement law comprises the Standard Official Contracting Terms for Services, Standard Building Contract Terms, Standard Official Contracting Terms for Independent Professions, European public procurement law, some parts of the Non-Restraint of Trade Act (Cartel Act) and the Fees Ordinance for Architects and Engineers.

Public procurement law provides an opportunity for competing enterprises to take action against legally incorrect procurement of public contracts.

The Federal Ministry of Economics offers an opportunity to download relevant norms on the following topics:

  • Non-Restraint of Trade Act (Cartel Act)
    In the fourth part of the Cartel Act (Non-Restraint of Trade Act) the general principles of public procurement are regulated and the procedure for reviewing the procurement procedure before the procurement chambers and higher regional courts is standardised.
     
  • Regulations on Procurement
    According to the revised text of the Regulations on the Procurement of Public Contracts published on 11th February 2003, public ordering parties are obliged to apply Standard Official Contracting Terms when a certain contract value is exceeded. You can download the latest version of the Standard Official Contracting Terms here from the homepage of the Federal Ministry of Economics.
     
  • Standard Official Contracting Terms for Independent Professions 2002
    Effective as of 1st November 1997 new regulations on the Europe-wide procurement of services entered into force with the publication of the Standard Official Contracting Terms for Independent Professions (published in the Federal Gazette Nr. 164 of 3rd September 1997). They must be taken into consideration by all public ordering parties when the EU threshold values (presently approx. € 200,000) are reached. These regulations, however, do not yet apply to certain ordering parties, namely the sector ordering parties (owner-operated communal enterprises of water, energy and transport supply).
     
  • Standard Official Contracting Terms
    Standard Official Contracting Terms contain detailed regulations on the awarding of delivery, service or construction contracts. The Standard Building Contract Terms are deposited at the Federal Ministry of Transport, Building and Housing.
     
  • Common Procurement Vocabulary (CPV)
    Since 1st January 1999 an amended version of the Common Procurement Vocabulary (CPV) has been in force, regulating the description of the contractual goods and services according to the recommendations of the EU-Commission. You can access the latest version of the CPV at simap.eu.int.

Furthermore, the Federal Cartel Office offers reports on procurement procedures free of charge.

What principles are to be taken into consideration?

The following principles might be extracted from the Cartel Act (especially §§ 97, 101 of the Non-Restraint of Trade Act):

  • Transparency (publication of a tender, commitment to the publication, record of the procedure)
  • Competition (free access to the procedure, considering all appropriate applications, participation of a number of applicants, prohibition of a conduct contrary to fair competition by the contracting authority and applicants, fair competition)
  • Equality of treatment (equal treatment of all applicants, prohibition of discriminating conduct, neutrality principle)

What are the forms of procurement and when must they be offered by public announcement?

There are three forms of procurement:

  • public tender
    In principle, public tender has priority before other forms of procurement. This form must be chosen when the contract value exceeds € 25,000.
     
  • limited invitation to tender
    As far as a limited invitation to tender is concerned, the circle of the potential applicants has been limited by the contracting party. The contact value must not exceed € 25,000.
     
  • procurement by private contract
    In the case of procurement by private contract, the contracting authority may award the contract to a contractor of his choice. The contract value must not exceed € 2,500.

What should be taken into consideration in case of communal tender?

As long as the contract value exceeds € 25,000 and lies below de minimis (according to EU law, compare the respective threshold values in the Regulations on Procurement), the German regulations apply and a national procurement is necessary with the following focus points:

  • completing the documents of the Standard Contracting Terms
  • laying-down the bid acceptance deadline, the deadline for adjudication and the commitment period
  • issue of invitations to tender
  • opening of tenders  by the contracting authority and the chairman
  • evaluation of bids, possible rejection of bids, or complete or partial cancellation of the procurement
  • adjudication

If the contract value exceeds de minimis (under EU law), the following requirements have to be checked and, moreover, European procurement regulations apply in principle, so that a European procurement must take place:

  • check whether Standard Official Contracting Terms for Services are being applied
     
  • choice of the procurement procedure
    • open procedure
    • restricted procedure under exceptional conditions
       
  • exceptional conditions
    • open procedure if no such conditions apply
    • negotiated procedure with/without contract notice
    • restricted procedure with compulsory competition

What are the differences between restricted procurement and open procurement at communal level?

A restricted procurement can in principle take place in case of a contract value of up to € 25,000. However, under exceptional conditions public invitations to tender can allow restricted procurement even if the threshold value of € 25,000 is exceeded. There are no differences as far as the basic procedure is concerned, restricted procurement is characterised only by the limitation of access of potential tenderers.

When is negotiated tender an option for communal tender?

Negotiated tender can in principle take place only if the contract value does not exceed € 2,500. Nonetheless, this form tender is the most popular one.

Generally speaking, negotiated tenders in case of contract values of up to € 500 take place in the following order:

  • checking the price informally at at least three tenderers
  • awarding of contract
  • specification of aims
  • informing procurement office

The following steps are typical for a contract value ranging from €500 to € 2,500:

  • creating bidding documents (performance specification and conditions of contract)
  • market analysis and based on it selection candidates
  • invitation to tender
  • evaluation of tender
  • awarding of contract

What role do the standard official contracting terms play?

According to procurement procedures, the standard official contracting terms are obligatory for public contracting parties in view of their A-parts starting from the threshold values contained there. It is only by a change of the legal form into an organisation governed by private law that the binding obligation does not apply. This exemption could be the reason the change of the legal form, even though the A-parts only constitute internal administrative regulations (i.e. no external legal norm) and the B-parts are interpreted as a part of the General Terms and Conditions of Trade.

What can we do for you?

If you are a contracting authority obliged to public tender, we revise and assist your public tender, from the planning phase up to the awarding of contract until the service is performed and finished.

If you participate in a tender, we enforce your claims for a proper procedure and prevent - in case of unlawfulness – that the contract is awarded to competitors.

Of course, we also represent you in case of official and legal procurement procedures before procurement chambers.

What do we need to handle your question concerning procurement law?

We need to know exactly, which services of what value under which conditions are to be awarded and which have already been offered by public announcement. Further details must be discussed individually

More information on public procurement law.

horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english

© German lawyer Michael Horak 2002-2019

 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request