Public procurement law

Public sector bodies award contracts worth several billions to private businesses every year. A rising number of legal requirements governing the award procedure and the related improved legal protection of bidders increases the number of potential conflicts between bidders and clients. Public procurement standards are difficult to handle not only because of their continuing revolution, but also due to strict, competition-focused rulings of the ECJ.

The primary objective of any bidder is to be awarded a public contract. We offer manifold support to private companies and assist them in this process with the drafting of bids that comply with the invitation to tender, by designing contracts between bidding consortiums and conducting or accompanying contract negotiations with the clients. Another focus is on representation in judicial reviews and suits for damages relating to contracts awarded by local or state governments or the federal administration.

We also are experienced in the provision of support to public contract awarding bodies in their performance of invitations for tenders without causing any legal issues, especially with respect to complex PPP projects. Our consulting services include the conceptualization and verification of the tender documents, the clarification of individual current issues, the provision of advice in negotiated procedures and the competitive dialogue, the documentation of the process and finally the drafting of real estate purchase agreements, hereditable building rights contracts, planning and construction contracts, management contracts, leases/rental agreements as well as the partnership agreement for a project partnership to be established, if necessary. Representing public contract awarding bodies in judicial reviews is another element of our activities in the field of public procurement law, as well as the preceding defence against alleged procedural irregularities.

We regularly prepare expert reports concerning current legal issues and hold seminars on the most recent legal developments in this area and thus guarantee that our advice always reflects the current state of the law.