Law of public contracts

The law relating to the award of public contracts is becoming increasingly important in terms of advising local communities and district authorities. Despite difficult financial conditions, many of these contracting authorities still have major investments to make, particularly in the construction industry; and these often exceed the threshold of the Law Against Restraint of Competition (GWB) which means that the projects must be advertised in a Europe-wide invitation to tender procedure. But even under this threshold the appropriate procedural rules for the award of public contracts must be observed (Parts A of VOA [contracting rules for the invitation to tender procedure], VOB [contracting rules for the award of public works contracts] and VOL [contracting rules for the award of public contracts, except construction projects]). Particular care must be taken to ensure selection of the correct procedure for award of the contract (public, not open or negotiated procedure).

Should you suspect that, as tenderer in an invitation to tender procedure, your rights have been infringed by the contracting authority, we will also be pleased to advise you. In these cases, the most important thing is primary legal protection even before the award of contract procedure is completed and, if necessary, initiation of proceedings before the appropriate Senate for the award of public contracts.