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Unsere Standorte

Grant law

The pro­cure­ment pro­ce­dure man­age­ment

Dur­ing the ongo­ing award pro­ce­dure, grant recip­i­ents lay the foun­da­tion for the sub­se­quent audit. Incor­rect doc­u­men­ta­tion, incom­plete review steps or non-com­pli­ant bid­der com­mu­ni­ca­tion are clas­sic points of attack by the grant­i­ng author­i­ty — we accom­pa­ny you step by step.

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Prac­ti­cal note

Doc­u­men­ta­tion decides

The award­ing author­i­ty is not con­vinced by the award, but by the award file

Our offer

Exter­nal con­tract­ing author­i­ty

Com­plete pro­cess­ing for grant recip­i­ents with­out their own award­ing office

What we do for you

Announce­ment & bid­der com­mu­ni­ca­tion

We advise you on the choice between con­tract notice and invi­ta­tion to ten­der and pro­vide audit-proof answers to bid­ders’ ques­tions.

Offer review & doc­u­men­ta­tion

We assist with the open­ing of ten­ders, for­mal and con­tent checks and pre­pare com­plete award doc­u­men­ta­tion that stands up to a proof-of-use audit.

Full pro­cess­ing as an exter­nal con­tract­ing author­i­ty

For grant recip­i­ents with­out their own award­ing office, we han­dle the entire admin­is­tra­tive process — from the announce­ment to the con­clu­sion of the con­tract.

Notice or invi­ta­tion to bid?

In fact, only a small pro­por­tion of pro­cure­ment pro­ce­dures are ini­ti­at­ed by a con­tract notice — even in the Offi­cial Jour­nal of the Euro­pean Union. Most award pro­ce­dures, espe­cial­ly in the sub-thresh­old area, are ini­ti­at­ed by a direct invi­ta­tion to ten­der. For grant recip­i­ents, it is cru­cial that the form cho­sen meets the require­ments of the grant award notice and the rel­e­vant pro­cure­ment reg­u­la­tions. As a law firm spe­cial­iz­ing in fund­ing law, we will be hap­py to advise you on which method you should choose, what the notice should con­tain and which word­ing is appro­pri­ate in the invi­ta­tion to ten­der.

Bid­der ques­tions — and some­times rep­ri­mands

Bid­der ques­tions reg­u­lar­ly arise dur­ing an award pro­ce­dure. These ques­tions are par­tic­u­lar­ly valu­able for grant recip­i­ents: they draw atten­tion to gaps and ambi­gu­i­ties in the award doc­u­ments — weak points that can become a prob­lem in the event of a lat­er review by the grant­i­ng author­i­ty. Our mot­to is there­fore: “Every ques­tion is an oppor­tu­ni­ty!” Bid­der ques­tions must be answered in good time and in prin­ci­ple to all inter­est­ed par­ties, and the qual­i­ty of the answer is cru­cial. This applies all the more if a bid­der not only asks ques­tions, but also objects to your spec­i­fi­ca­tions on grounds of pub­lic pro­cure­ment law. Such com­plaints must also be han­dled care­ful­ly and doc­u­ment­ed.

The open­ing of ten­ders and the for­mal exam­i­na­tion

Requests to par­tic­i­pate and ten­ders must be opened and stored prop­er­ly — and this must be doc­u­ment­ed in a com­pre­hen­si­ble man­ner. This step is par­tic­u­lar­ly tricky for grant recip­i­ents because doc­u­men­ta­tion defi­cien­cies are reg­u­lar­ly con­sid­ered to be award errors when check­ing the proof of use, even if the award pro­ce­dure was car­ried out cor­rect­ly in terms of con­tent. This is fol­lowed by the for­mal check: Have all doc­u­ments been sub­mit­ted? Has the offer been received in due form and time? Has the bid­der made inad­mis­si­ble changes to the ten­der doc­u­ments? We work through these check­points sys­tem­at­i­cal­ly and com­plete­ly for you.

Pre­sen­ta­tions, test­ing and nego­ti­a­tions

Nego­ti­a­tions are per­mit­ted in some types of pro­ceed­ings and not in oth­ers. Some­times nego­ti­a­tions, although per­mis­si­ble, are tac­ti­cal­ly super­flu­ous or even risky from a fund­ing per­spec­tive if they com­pli­cate the doc­u­men­ta­tion sit­u­a­tion. Then again, the recip­i­ent of the grant wants cer­tain aspects of the offer to be pre­sent­ed oral­ly or to be checked in prac­tice dur­ing the award pro­ce­dure. We know the legal basis and case law on the con­di­tions under which and the form in which pre­sen­ta­tions, nego­ti­a­tions and tests can take place — and how this should be doc­u­ment­ed in such a way that it stands up to scruti­ny by the grant­i­ng author­i­ty.

Prepar­ing the award and con­clud­ing the con­tract — or can­cel­ing it

Award pro­ce­dures end in two ways: by award­ing the con­tract or by can­cel­ing it. In both cas­es, a wide range of infor­ma­tion and for­mal require­ments must be observed, non-com­pli­ance with which direct­ly increas­es the fund­ing risk for sub­si­dized projects. The draft con­tract announced in the award pro­ce­dure must also be adapt­ed to the win­ning bid­der — tak­ing into account the lim­its imposed by fund­ing law on sub­se­quent con­tract amend­ments. Leave noth­ing to chance here.

We are hap­py to accom­pa­ny your pro­cure­ment as a con­sul­tant in the back­ground. If you want to take most of the mea­sures in the award pro­ce­dure your­self, this is no prob­lem for us. As a spe­cial ser­vice, how­ev­er, we offer you the com­plete han­dling of your award pro­ce­dure as an exter­nal award­ing body. This is par­tic­u­lar­ly use­ful for grant recip­i­ents who gen­er­al­ly do not have their own award­ing bod­ies: you make all the key deci­sions your­self — we take care of the entire admin­is­tra­tive process so that your resources are bur­dened as lit­tle as pos­si­ble.

Typ­i­cal pro­ce­dure

  • Notice or invi­ta­tion to ten­der
  • Answer­ing and doc­u­ment­ing bid­der ques­tions
  • Ten­der open­ing and for­mal review
  • Con­tent review, eval­u­a­tion and con­tract award prepa­ra­tion
  • Con­clu­sion or ter­mi­na­tion of con­tract — doc­u­ment­ed in an audit-proof man­ner

Fre­quent­ly asked ques­tions about pro­ce­dur­al sup­port

Gen­er­al ini­tial ori­en­ta­tion — no sub­sti­tute for legal advice in indi­vid­ual cas­es.

What doc­u­men­ta­tion oblig­a­tions apply to fund­ing recip­i­ents in the award pro­ce­dure?

Fund­ing recip­i­ents must doc­u­ment the award pro­ce­dure in such a way that it can be ful­ly under­stood by the grant­i­ng author­i­ty as part of the ver­i­fi­ca­tion of the use of funds. The spe­cif­ic require­ments that apply depend on the rel­e­vant pro­cure­ment reg­u­la­tions and the ancil­lary pro­vi­sions of the grant award notice. In indi­vid­ual cas­es, this can only be assessed by a lawyer. We will be hap­py to help you with this.

→ Arrange an ini­tial con­sul­ta­tion now

Bid­der ques­tions must always be answered in good time and to all inter­est­ed par­ties. An answer that only goes to the request­ing bid­der can jeop­ar­dize the entire award pro­ce­dure. In addi­tion, ques­tions and answers must be doc­u­ment­ed in such a way that they are trace­able as part of the ver­i­fi­ca­tion of use. We will be hap­py to dis­cuss with you what applies in your spe­cif­ic case.

In prin­ci­ple, yes — grant recip­i­ents can obtain sup­port from spe­cial­ized law firms or award­ing author­i­ties when car­ry­ing out award pro­ce­dures. How­ev­er, the deci­sion-mak­ing respon­si­bil­i­ty remains with the grant recip­i­ent as the con­tract­ing author­i­ty. Whether and to what extent out­sourc­ing is sen­si­ble and per­mis­si­ble for your project can only be assessed on a case-by-case basis. We will be hap­py to help you with this.

→ Arrange an ini­tial con­sul­ta­tion now

Note: No legal advice. All answers do not replace an indi­vid­ual exam­i­na­tion by a lawyer.

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Europe-wide expertise in public procurement law - your competent partner in all phases of the procurement process.

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    04109 Leipzig
    Germany
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