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Public Procurement Law/ Government Contracts

Procurement in the public sector has become the subject of a separate area of law: EU directives, the German Antitrust Act (GWB), numerous contracting rules governing public contracts and special contractual conditions (e.g. EVB-IT and BVB) define the framework regulating the activities of the public sector in the procurement process. The numerous formal requirements and exclusion periods can be daunting for both those soliciting bids and those providing them.  In an ongoing tender process this requires rapid and realistic clarification.

We provide comprehensive and practical advice during procurement procedures, particularly for the IT sector. We are familiar with both sides, as we advise both large and medium-sized companies as bidders and public-sector organizations as procurement operators. Our services comprise not only contentious arguments during complaint and review procedures, but also “collateral” advice. For example, we provide support for bidders in drawing up tenders that comply with public procurement law and for procurement operators in drafting bidding documents, in selecting types of procedure with the reasoning for this selection, in drafting appropriate contractual conditions and in executing the overall award procedure.

The specialists at TCI Rechtsanwälte for Public Procurement Law/ Government Contracts are

Carsten Gerlach

Attorney admitted to practice in Germany, certified specialist for information technology law

TCI Rechtsanwälte Berlin

Norman Müller

Attorney admitted to practice in Germany

TCI Rechtsanwälte Berlin

Markus Schmidt

Attorney admitted to practice in Germany

TCI Rechtsanwälte Berlin
  • We provide efficient, reasonably priced advice during procurement procedures
  • We independently investigate the relevant circumstances and facts, e.g. through research and workshops on your premises
  • On request, we directly collaborate with those in charge of technical issues within your company, e.g. IT department
  • We apply a pragmatic, goal-oriented approach
  • Many years of comprehensive experience in procurement law, e.g. through involvement in the Working Party on Supplementary Terms of Contract for the Procurement of IT Supplies/Service (EVB - IT)) and through publications
  • Familiarity with the practicalities of both sides through having advised both companies/contractors and official bodies/contracting authorities
  • High level of expertise in IT and technology, thus
    • clear communication with IT experts, engineers and technical staff
    • clear understanding of your products and services
    • ability to grasp technical issues largely independently, thus excellent understanding of the associated practical and legal problems in procurement processes

     

  • For contractors/companies:

    • Ensure that quotations and tenders comply with public procurement regulations by evaluating contract documents, requests to participate and quotations
    • Provide legal support in ongoing award processes, e.g. negotiation proceedings or bidder issues
    • Assess the potential success of complaints and review applications
    • Conduct complaint and review procedures before public procurement tribunals and courts

  • For contracting authorities / public sector:

    • We support you during procurement procedures from planning to award, e.g. by evaluating and selecting the type of procedure and drafting explanatory statements
    • We draft, prepare and evaluate the appropriate contract terms, including the selection and modification of EVB - IT draft contracts
    • We examine contract documents, including a legal assessment of evaluation criteria
    • We provide legal support during the procurement procedure as, e.g. in negotiations, bidders' questions
    • We provide a legal assessment of the tender evaluation
    • We support you in drafting contract award notices

  • We advise and represent you in disputes with bidders - e.g. through evaluation and defense action in complaint and review procedures
  • Ongoing advice in procurement law for software providers and telecommunications companies during procurement procedures
  • Ongoing advice in procurement law for public authorities and other public contracting entities
  • Execution of complaint and review procedures under procurement law before public procurement tribunals and courts for contractors
  • Defense against complaints on behalf of federal and regional authorities and representation of  federal and regional authorities in review procedures under procurement law
  • Assistance and support during award procedures for large-scale IT projects of the federal and regional authorities
  • Production of expert opinions and statements on complex issues of public procurement law for federal authorities
  • Negotiation of condition agreements between the Federal Republic of Germany and Microsoft
  • Proactive involvement in drawing up various contractual provisions for  the Supplementary Terms of Contract for the Procurement of IT Supplies/Service (EVB-IT) through advisory services to the responsible Working Party at the German Federal Ministry of the Interior (BMI)