Procurement Law

Germany

Challenges around awarding contracts

More than ten per cent of the GDP of the EU member states is generated by activity which is subject to procurement law regulations. Procurement law poses increasing challenges to both awarding bodies and contractors due to a rising tide of rules and the difficulty of staying abreast with case law.

Awarding bodies that create flawed tenders run the risk of lengthy review and complaints procedures which can delay the planning and realisation of a project by years.

Similarly, anybody who wishes to bid successfully on a public tender needs to be fully acquainted with the rules. Even the smallest formal error during the tender process can lead to exclusion.

Experts in procurement law

Our procurement law experts combine specialist legal knowledge with in-depth industry insights across all areas of public procurement.

We are familiar with the environment in which you operate and the issues that confront your sector. Accordingly, we can include all legally and commercially relevant aspects in our advice. This results in a legally robust tender procedure for awarding bodies and a greater chance of success for bidders.

We have specialist expertise in a range of sectors, including:

  • Construction and infrastructure
  • Compliance and training
  • Healthcare, pharmaceutical industry and e-health
  • IT and telecommunications
  • PPP and privatisation
  • Security and defence
  • Transport
  • Utilities and waste disposal

Familiar with both sides of procurement procedures

In the procurement law arena, CMS represents clients from the public sector as well as companies participating in procurement procedures. We can help you to ensure that a tender complies with the law, or assist with checking a bid for a public contract. We also represent contracting authorities and bidders in proceedings before public procurement tribunals, the procurement senates of the higher regional courts, the civil and administrative courts, the EU Commission and the European courts (ECJ, CFI).

Advising awarding bodies during tender procedures

We advise awarding bodies with the aim of ensuring legally compliant planning and conducting of tender procedures. Our services in this respect include:

  • Initial considerations, e.g. clarification of tender requirements and possible scope for making use of exceptions from procurement law or simplified procedures
  • Structuring and planning the tender procedure
  • Drafting of tender notices and tender documents
  • Assistance with formulating answers to bidder queries and complaints
  • Evaluation of participation applications and of the bids
  • Preparing and conducting bidder discussions and negotiations
  • Support for contract award, concluding the contract and documentation
  • Representation in review procedures and other disputes

Our services for bidders during tender procedures

We help bidders to maximise their chance of winning a contract, focusing in particular on the following areas:

  • Strategy development for competitive tenders and submission of bids
  • Agreements on joint applications and consortium bids
  • Dealing with incorrect specifications
  • Support during the tender procedure
  • Optimisation of bid submissions
  • Assistance with formulating bidder queries and complaints
  • Representation in review procedures and other disputes
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Un­sere Ex­pert­ise im Ver­gaberecht­Das Ver­gaberecht stellt Auftragge­ber und Auftrag­nehmer vor be­son­dere Heraus­for­der­ungen. Die Them­atik stellt sich aus­ge­sprochen dy­namisch dar und ist ständi­gen Ver­än­der­ungen un­ter­wor­fen. Die Ver­gabe von öf­fent­lichen Auf

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July 2020
A com­plete per­spect­ive
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group helps you re­solve com­plex pub­lic tender is­sues – in­clud­ing the form­a­tion and build­ing of bid­ding con­sor­tia, e-pro­cure­ment, pro­tec­tion of con­fid­en­tial in­form­a­tion, ant
07 April 2020
A guid­ance for pub­lic pro­cure­ment pro­ced­ures in Ger­many in times of COV­ID-19
In the course of the cur­rent COV­ID-19 pan­dem­ic vari­ous meas­ures have been ad­op­ted in Ger­many both on fed­er­al and state level to en­able pub­lic pur­chasers to pro­cure ser­vices to help con­tain the pan­dem­ic...
November 2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able across 35 jur­is­dic­tions. Down­load here!
04 October 2017
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of con­tracts...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would...
November 2019
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
27 April 2017
Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute main...
As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of...
17 December 2018
Pub­lic pro­cure­ment guide
30 January 2017
Ten­der­ers must com­ply with re­quire­ments for ex­clu­sion grounds at date of...
On 10 Novem­ber 2016, the Court of Justice rendered an in­ter­est­ing de­cision (in Ciclat Soc. coop. v. Con­sip SpA, C-199/15) re­gard­ing the ap­plic­a­tion of ex­clu­sion grounds. In this par­tic­u­lar case, a ten­der­er...
25/05/2018
Suc­cess­ful ma­jor pro­ject: CMS ad­vises City of Frank­furt on re­con­struct­ing...
Frank­furt/Main – After ten years of plan­ning and con­struc­tion, the “new” Frank­furt Old Town was of­fi­cially opened to the pub­lic on 9 May 2018 by the re­con­struc­tion con­tract­or, Dom­Römer GmbH. A total of 35 houses (15 re­con­struc­tions and 20 new builds) have
22 November 2016
Dis­pute res­ol­u­tion in the con­struc­tion in­dustry: a new pro­ced­ure has been...
Dis­putes of­ten arise dur­ing con­struc­tion pro­jects. In these cases the cli­ent and the con­struct­or face a unique chal­lenge: how to settle the dis­pute without delay­ing the pro­ject and without adding ex­tra...
23/01/2015
Al­li­ander wins tender for elec­tric char­ging sta­tions in Ber­lin with CMS...
September 2013
P-News­let­ter (Pub­lic Private Part­ner­ship) 09/13 (in Ger­man)