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Procurement law

Procurement law

Procurement includes the Contracts for services (FLIGHT), for construction (VOB), for the professions (VOF), EU public procurement law, Part of the ARC (Antitrust Law) and the fees for architects and engineers (HOAI).

The procurement law aims to give competing companies the opportunity, against an error of law in awarding public Proceed orders.

The Federal Ministry of Economics provides the relevant standards for download at the following topics:

  • Act against Restraints of Competition (GWB, Antitrust Law):
    In the fourth part of the Competition Act (GWB – Act against Wettbewerbsbeschrnkungen) the general principles of public procurement and regulated the procedure to review the procedure normalized the procurement chambers and the high courts.
  • Procurement regulation (PsV)
    The Regulation on public procurement (Procurement regulation) in the revised Notice of 11. February 2003 obliges the contracting authority from a certain amount of the order on the application of Verdingungsordnungen. You can view the current regulation here downloaded from the website of the Federal Ministry of Economics.
  • VOF 2002
    With effect from 01.11.97 are the specifications for Freelance Services – VOF (published in the Federal Gazette No.. 164 and vom 3.9.1997) came new rules for the allocation of services in European power. They are of all contracting authorities in achieving the EU thresholds (VOF: z.Zt. approximately € 200.000,-) Note, with the particularity, that certain entities (more) are excluded, namely the utilities sector (z.B. municipal Eigenbetriebe the water, Energy- and transport).
  • Verdingungsordnungen (VOL / VOF / PDB) The Verdingungsordnungen VOL / A, VOF and the VOB / A contain the detailed provisions of the procurement of goods, Services- and works. The VOB available from the Federal Ministry of Transport, Construction and Housing (BMVBW) deposited.
  • Common procurement vocabulary (CPV)
    Since the 1. January 1999 is an updated version of the Common Procurement Vocabulary (CPV – Common Procurement Vocabulary) for describing the object as recommended by the EU Commission in force. The current version of the CPV is as follows reached:

The Federal Cartel Office moreover provides a (free) Decisions to award procedures.

Under procurement law all the rules and regulations is to understand, dem State, require its agencies and institutions have a definite procedure for purchase of goods and services. Procurement law is the formal framework of tendering, to which the contracting authority as the bidding companies are bound in the same way. Should a party to the tender process against the legal formalities, this can have serious consequences for him. Violations on the part of the contracting authority can lead to the cancellation of the tender or recently even justify claims for damages of tenderers. Violations on the part of the bidding companies in many cases lead to, The offer may not take into consideration the given.

Horak Attorneys accompany both contracting authorities and companies bidding in tendering procedures. In addition to the full implementation of tendering procedures, are contracting equally on request only partially in the selection of the correct procedure, the preparation of tender documents, support the formulation of the text as well as notice of the bid evaluation. Companies bidding for tenders shall be made formally correct, monitor the tender process, secured granted surcharges and possible recourse tested. In addition, the bidder will be represented in the appeal procedures.

What principles are to be observed ?

Of the Competition Act (insbesondere § § 97, 101 GWB) can extract the following principles:

  • Transparency (Publication of the tender, Binding to publication, Documentation of the proceedings in the case file)
  • Competition (free access to the procedure, Offer a proper account of all bidders, Involving multiple bidders, Prohibitions of anti-competitive behavior of clients and buyers, Bid for the production of fair competition)
  • Equality (Requirement of equal treatment of all tenderers, Prohibition of discriminatory practices, Principle of neutrality)

What forms of contract exist and when must be as advertised ?

There are three types of award:

  • ·public tender
    Basically, the public tender priority over other tender types is to give. From an order value of 25.000 € is basically out to public.
  • restricted tender
    When restricted tendering, the group of potential applicants is limited by the client of a few. The contract value must 25.000 Not exceed €.
  • direct award
    With the mutual agreement of the contracting authority may award the contract to a contractor of their choice for certain services. The negotiated contract is up to an order value of 2.500 € possible.


What should be included in the municipal public tender ?

As long as the order value over EUR 25 and de minimis (under EU law, see respective thresholds in the procurement regulation – PsV) the German procurement regulations relevant and there is a national award with the following priorities:

  • Complete tender documents
  • Set deadlines, Offer, Award- and lock-in periods
  • Publication of tender
  • Opening of tenders by the client and negotiator
  • Bid evaluation, ggf.Ausschluß of offers, or partial or complete cancellation of the tender
  • Zuschlagsersteilung

If the value of purchases for de minimis (under EU law) are to consider the following requirements and otherwise grds. the relevant European procurement rules, so that a European public procurement must be:

  • Examination, whether VOL applies
  • Choice of tender procedure,
    • basically open procedure according to § 3 No.. 1 Abs. 1 VOB / A bzw. VOL / A
    • Exemptions: non-restricted proceedings under § 3 No.. 1 Abs. 2 VOB / A bzw. VOL / A; or. § 101 Abs. 2 GWB; §3a Nr. 1and VOB / A bzw. §3a Nr. 1(1) VOL / A
  • Exemptions
    • no: open procedure
    • nach §3a Nr. 1 Abs. 4 or No.. 2 VOB / A bzw. VOL / A: Negotiated with / without public tender notice
    • that § 3 Nr. 1 Abs. 4 and no. 3 VOB / A bzw. VOL / A: Non-restricted procedure with participation pflichtigem competition

What differs in the municipal sector, the limited allocation of public procurement ?

The limited allocation can in principle for a contract worth up to 25.000 € made. "Exceptional", a limited allocation in the presence of exceptions also in public tenders, despite the threshold of crossing 25.000 € made. The basic method is not very different; only the limiting potential access provider characterizes the limited allocation.


When is the municipal agreement procedure considered ?

The negotiated contract can grds. only with a contract value of up to 2500 € be performed. Nevertheless, this type of procurement in practice in many cases, the most common form of award shows.

In broad terms, the negotiated contract with a contract value until goes through to 500 €, the following steps:

  • · informal price determination at least three providers
  • · Grant award
  • · Adopt a medium
  • · Information required location

From an order value of 500 € up to 2.500 €, the following steps are typical:

  • Contract documents (Specifications and contract conditions) Create
  • Market analysis and, based on selection of candidates
  • Invitation to Tender
  • Bid evaluation
  • Award

How important is the contracting rules to ?

The contracting regulations are in accordance with the procurement regulations with respect to their A-part of contracting authorities from the local thresholds mandatory. Only through a change in legal form of organizations in the private law eliminates the binding obligation. This exemption is likely to be a reason for such legal form changes, although the A part only internal administrative regulations are (also grds. not a legal outwardly acting) and B parts are interpreted as Terms.


What can we do for you ?

Check as tender subject and we accompany your bid of planning and tendering, Award to the performance implementation and termination.

As bidders, we assert your claims through a proper process and prevent illegality in the case of the award to competitors.

Of course we also represented in administrative or judicial procedure before Vergabekammern.


What we need, to process your award legal issue ?

In general, we need to know exactly, which power should be used with which total value awarded on what terms or have already been announced. Further details must then be clarified in each case.

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