You have looked at the transcript and know the prices of the competition. And you are pleased, because your offer is in first place. Then the punch in the stomach: The contract is awarded to someone else. You ask yourself (understandably) why and why not.
Legal situation below the threshold
In national construction procurements, you can ask for the reasons why your bid was not considered in text form. In addition, you have a right to know who is the fortunate one and has been granted the contract. And in particular, of course, what the “features and benefits” of this bid are. All this in no later than 15 days after receipt of your request. So that the client does not get bored.
Legal situation above the threshold
The situation is similar above the threshold. The regulation in the VOB/A, as of May 2020, is only somewhat more differentiated. Here, again, the question is, of course, how deep your right of disclosure goes. Does the contracting authority have to put you in a position to check the competitor’s bid? That wouldn’t be uninteresting, don’t you think? It doesn’t really need to be mentioned, but the client (unless he’s crazy, which is usually not the case) and your competition won’t like that very much. After all, neither wants to be controlled by you. So the dispute is about how far your right to information extends. Which information are you allowed to ask for, and which are you no longer allowed to ask for?
You should always make use of your right to information. Always. If you suspect that something has gone wrong, you should justify the claim as well as possible, i.e. include as much information as possible. However, be careful not to overdo it! You are not entitled to confidential information, for example, and anyone who nevertheless attempts to obtain such information may be subject to all kinds of extremely negative consequences (e.g. [ not exhaustively! ] Section 124 (1) No. 9 GWB). Ultimately, therefore, one thing helps above all: a resubmission and a legally clean sample letter that has been carefully adapted to your specific award.
*This legal tip is not a substitute for legal advice in individual cases. By its very nature, it is incomplete, nor is it specific to your case, and it also represents a snapshot in time, as legal principles and case law change over time. It cannot and does not cover all conceivable constellations, serves entertainment and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.