Public Procurement Law

During the past years public procurement law has developed into a complex and constantly changing legal material. Our team for public procurement law is intensively researching and dealing with the challenges arising from it for contracting entities and for contractors during the day to day consultation business.

We assist you as a public contracting entity in the context of strategic questions as well as during the preparation of procurement procedures, the compilation of procurement documentation including contract design as well as during implementation of contracting projects. Early and close coordination is, in our experience, the key for a successful, legally compliant and economical procurement procedure. Due to the cooperation extending across locations we dispose of a powerful team specialized in procurement law which acts efficiently, swiftly and flexibly also when dealing with international procurement projects. We assist you with invitations for tenders for internet technologies, construction projects, supply of goods and services, PPP models as well as with the question, what your optimal structure should be as a public contracting entity in relation to subsidiaries and other cooperation partners in the public or private sector. One glance at our list of references illustrates the scope of the projects we are supervising and our competences.

We consult contractors, if requested, already during the decisive phase of preparing tenders and we are pleased to assist them during strategic positioning in the course of the procurement process. It is of decisive importance, that legal positions are maintained against the background of the obligation to make complaints without compromising the chances to be awarded with the contract during the procurement process. In this context the position of contractors as possible members of a bidding consortium needs to be evaluated next to the examination of procurement documents and the agreement itself.

Comprehensive assistance also comprises the representation of interests with the auditing authorities in the context of procurement law. This again is one of the core components of the consulting services we offer. Proceedings implemented are listed in the personal references.

Due to our international presence and integration we are also in a position to conduct and consult transnational procurement procedures with consistently high quality standards.

Key aspects of our scope of consultation services:

• Examination of tender obligations and possibilities to draft procurement contracts not subject to procurement law
• Preparation and design of tenders, compilation of procurement documents and particularly procurement agreements
• Structuring and optimization of procurement procedures
• Examination of procurement documents
• Support for procurement authorities in responding to contractors' questions
• Implementation of procurement procedures on behalf of procurement authorities within the scope permissible by law
• Strategic assistance for contractors during procurement processes
• Assistance during preparation of tenders and evaluation of tenders, assistance with, and moderation of negotiations
• Procurement management and monitoring of procurement
• Introduction and implementation of internal procurement guidelines within the procurement authority
• Assistance with order processing and project support
• Legal representation during verification procedures and appeals procedures
• Consultation when handling procurement irregularities as well as legal enforcement or defence against indemnity claims.