- abante | PROCUREMENT LAW FOR BENEFICIARIES
Why you need an experienced legal expert
A solid knowledge of procurement law is critical for beneficiaries to make their procurements legally sound and prevent potential legal challenges from government agencies and auditors. The support of highly specialized experts, teams of specialists and legal advisors is of great importance in this regard, as they are familiar with current decisions in procurement review proceedings and work with beneficiaries to avoid potential pitfalls in procurement law.

As a nationwide law firm specializing exclusively in public procurement law and accompanying areas of law (especially grant law), we have many years of experience and have been advising and representing grant recipients of all types and sizes under public and private law for many years. We know your concerns and speak the same language. In this way, we also support our clients in complex funded projects — for example, in complex construction projects, IT and digitization projects, or in the audit of the proof of use.
To help you with your initial questions, we have compiled a list of important topics from the field of public procurement law. You can find selected topics via the menu.
Do you have further questions? Then feel free to call us.
- abante | Grantees in detail
Topics for grantees
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Preparing the procurement procedure
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Why the preparation of the procurement procedure is so important
Procurement procedures are not only full of preconditions in factual terms, but also in legal terms. Anyone who makes a mistake here puts their project at risk. Mistakes in the contract design catch up with the recipient in the execution phase. Improperly drafted award documents already cause problems during the award procedure, but at the latest when they are reviewed by the funding agency or the granting authority. The grant application merely marks the beginning of the preparation of the procedure, but it does not mark the end of it.
The types of procurement procedures
Before initiating a procurement procedure, it is always necessary to clarify which procurement procedure type is relevant. This mostly depends on the type of service and the order value. However, an exceptional circumstance may also be relevant, according to which you may conduct a less competitive, faster procurement procedure or even award the contract directly. In order to clarify these issues with legal certainty, knowledge of the relevant provisions of procurement law and case law is required. Hence it is advisable to consult a specialist lawyer for public procurement law. We are happy to be of assistance.
The base of your procurement
When thinking about the right type of procurement procedure, it often becomes apparent that different trades are to be procured. And so what at first glance appears to be a simple purchasing procedure turns into a cascade of successive and parallel procurement procedures, with which entirely different service providers are approached. How the base of your procurement procedure can be done in a meaningful way and how your procurement procedures are to be related to each other, is a question best clarified by a specialist lawyer. Feel free to consult us at any time.
Joint contracts — yes or no?
Sometimes procurement experience advises precisely not to divide by lots, but to award a joint contract. We are thinking of general planners, total contractors and general contractors. What sounds good, however, is often enough contrary to procurement law. You should have an experienced law firm for public procurement law check whether a joint contract can be made by way of exception.
The cross-lot order value determination
When setting up your procurement and form specialty or area lots, how do you actually determine the contract value? Lot-sharp or lot-spanning? Since a correct and up-to-date contract value determination is mandatory to initiate a procurement procedure, you must also deal with it. The best thing to do is to let us help you with this.
Self-declarations, contract performance conditions, award criteria — and what else?
Preparation of the contract award includes, among other things, the preparation of relevant self-declarations, the definition of verifiable contract performance conditions, the determination of legally compliant suitability and award criteria and, of course, the legal review of the performance specification, which is the heart of every contract award. Don’t leave anything to chance here, but ask for specialist legal advice.
Rely on legally sound contracts
Ineffective clauses lead to considerable legal uncertainty and obligations with serious consequences. As a contracting authority, you therefore benefit from modern and at the same time tailor-made contracts that harmonize current legal requirements with individual needs. Even if you are obliged to apply model contracts (e.g. EVB IT), it depends on their design in detail. Our experts will be happy to help you with the drafting of your contract.
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The procurement procedure management
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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 procurement procedures are opened by an invitation to bid. As a specialized law firm, we will be happy to advise you on which approach you should take, what the announcement should contain and which formulations are appropriate in the invitation to tender. Do not hesitate to contact us.
Bidder questions — and sometimes reprimands
During a procurement process, bidder questions very often arise. These questions are useful. Namely, they alert the grantee to gaps and ambiguities. Indeed, they draw the attention of the contracting authority to gaps and ambiguities. Bidder questions must be answered in a timely manner and — in principle — to all interested parties. So the answer is what matters. If you are not sure about this, please contact us in confidence. All the more so if a bidder does not merely ask, but objects to your specifications on grounds of procurement law.
The opening of tenders and the formal examination
Requests to participate and bids must be properly opened and stored. In addition, this must be documented in a comprehensible manner. You can find out how best to do all this by talking to us — if you don’t want us to do these tasks for you right away. The opening is usually followed by a formal inspection. Are all documents available? Has the offer been received in due form and time? Has the bidder modified the tender documents? A series of purposeful, sensible audit points, which we will work through for you one by one if you instruct us to do so.
Presentations, testing and negotiations
Negotiations are permitted in some types of proceedings and not in others. Sometimes negotiations, although permissible, are superfluous. Then again, the grantee wants certain bid content presented to them verbally. Or that he can check them in the award procedure, because paper, as we all know, is patient. We know the legal basis and case law on under what conditions and in what form presentation, negotiation and testing can take place. Turn to us with confidence, and we will guide you through these waters as well.
The preparation of the award and the conclusion of the contract — or the cancellation of the award procedure
Procurement procedures end in two ways. Either by surcharge, i.e. by way of conclusion of the contract, or by cancellation. In both cases, a wide range of information and form requirements must be observed. Also, the draft contract announced in the award procedure must be adapted to the winning bidder. So leave nothing to chance here and ask us as your procurement and contract law advisors.
The handling of award procedures as an external awarding authority — our offer for you
We are happy to accompany your procurement as a consultant in the background. So if you would like to take the numerous measures in the award procedure yourself, either to a large extent or only selectively, this is no problem for us. As a special service, however, we offer you something more: the complete handling of your award procedure. It is true that you will still have to make all major decisions yourself. Because you are the client, and we are only your consultants. But in this service we do not only take care of the legal preparation of the essential decisions for you. Instead, we take care of all the administrative aspects of the procurement process so that your resources are burdened as little as possible. This is particularly useful for grant recipients who do not usually have their own awarding bodies.
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The defense of
Claims for damages
after procurement errors -
What does compensation for damages have to do with procurement errors?
A lot. Grant recipients may be liable to pay damages to bidders if they commit procurement errors. In this context, by no means every award error leads to a liability for damages. On the other hand, there are certain mistakes that grantees are better off not making. This is because they can even lead to a claim for compensation for lost profit. The Federal Court of Justice has ruled that grant recipients who first carry out an award procedure in accordance with the law on the award of grants are then also bound by these provisions of the law on the award of grants. Bidders may therefore claim damages in the event that these rules are deviated from to their detriment.
The cancellation of the award procedure as a typical case of damages in public procurement law
If the grantee cancels the award procedure, the bidder expenditures previously made were usually useless. The bidder has wasted working time by participating in the award procedure. He may also have brought in outside consultants to make an economic bid, and those consultants cost him a lot of money. Whether you as the recipient of the grant are now obliged to pay damages or not is best clarified together with us as your specialist law firm for public procurement law. Please call us before the cancellation and not after.
The award to the wrong person as another typical case of damages
Please imagine the following case: You exclude the first-place winner because he has — allegedly — committed a formal error. You then award the contract to the bid of the runner-up. Nothing happens for two years, you stop thinking about your publicly funded procurement a long time ago. But then you receive a letter from the first-placed company at the time, demanding compensation for the lost profit and the contribution to general business expenses. Reason: The exclusion of his bid was unjustified, so you should have awarded the contract to him — and not to the runner-up at the time. If this example case has never happened to you, be happy. Many public sector clients and grantees know it all too well. Protect yourself from this and ask a specialist lawyer for public procurement law from our law firm in critical situations of the award procedure, for example when you have to exclude the first-placed bidder. We are also happy to defend you against unfounded claims for damages.
The avoidance of claims for damages as procurement compliance
Your goal as a grantee should be to avoid claims for damages at all costs. You will receive funding for your procurement, so you have nothing to give away. To ensure that you succeed, we are happy to help you establish procurement compliance. We show you in detail in which cases you have to expect an increased liability risk and how you can minimize this risk. This makes sense at least if you often take funded actions and carry out procurements. Feel free to call us and we’ll talk about it.
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The defect, supplementary and
Disability Management -
Contract execution begins with the award of the contract
The award of the contract not only marks the end of the award procedure. It is also the conclusion of the contract. The conclusion of the contract gives rise to mutual rights and obligations. The bidder becomes the contractor — and now often “discovers” for the first time that he is hindered in the execution of his services, that methods of execution envisaged by the client are allegedly impossible or that he needs various supplementary orders in order to bring about the desired success of the service. Since grantees are not spending their own money, they are always well advised to closely scrutinize their contractors’ purported claims. This sometimes requires specialist legal expertise. You are welcome to contact us.
The supplementary offer
Not only in the construction sector, but also in the supply of goods and services, there are changes in performance and additional services that become necessary. Agreement must then be reached with the contractor as to whether and, if so, what remuneration is to be provided for this. Some grantees act completely independently in this regard, while others rely on external expert consultants. In this context, every supplementary case brings with it legal issues. Has the alleged additional service not in fact already been ordered? Is it covered by the subsidized costs or is consultation with the granting authority required? On what contractual basis is the remuneration to be adjusted if the change in performance is not associated with any apparent additional expenditure for the contractor? It is also best to discuss these issues with us as your law firm specializing in the entire life cycle of public procurement.
The obstruction and concern notice
The principle among contractors is that it is better to send one too many obstruction and concern notices to the client than one too few. For the grantee who has submitted a financing plan and must implement its project within the funding deadlines, disability and concern notices are often enough of a boon. This is because they give him an impression of where things are going wrong, without the project management, which may be external, being able to conceal or disguise this. However, notices of obstruction and concerns also lead to legal pressure to act. They may, for example, make it necessary to exert greater influence on subcontractors. What exactly is recommended from a legal point of view, you can clarify with our lawyers. We will give you a precise idea of what action needs to be taken and against whom.
The defect case
Defects sometimes occur within the warranty period. Or the defects are directly so significant that they prevent acceptance. If there are deficiencies, the recipient of the grant must observe and set deadlines and, if necessary, even submit formal declarations. Sometimes he even has to terminate for cause if, for example, the contractor fails to remedy the defects in the ongoing project. To ensure that you do not lose any rights here or commit any formal or deadline errors, you must proceed in a structured and planned manner and observe the case law and contractual requirements. You should not leave this to your project manager alone, but call on us as a specialist law firm if necessary. Especially since your project’s eligibility for funding may be in jeopardy if it has massive deficiencies.
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The defense against grant revocation
and recovery requests -
The revocation of funding in the event of award errors
Grantors revoke grant notices and demand repayment of funding if serious procurement errors have occurred. Sometimes even when it is merely a matter of minor errors in the award procedure.
The requirement to comply with procurement law
Grant notices often contain a requirement to comply with public procurement law. A condition is an ancillary provision to an administrative act. It may or may not be legal. If you accept it, it becomes effective — and you must comply with it even if it is unlawful. Therefore, you should contact our specialized attorneys immediately after receiving a hearing so that you do not lose any rights due to the expiration of deadlines.
Grant agreements also very often state that the grantee should comply with procurement law. This regulation is then found in one of the back paragraphs or even hidden in a paragraph where it does not belong at all — or in an annex to the grant agreement. As a rule, the grantor does not act here in the form of a notice, but it can also recover the grant funds in other ways, for example by offsetting or refusing to pay.
However, the first problem already begins with the requirement to comply with public procurement law. What is meant by “procurement law” anyway? It is not uncommon that it is unclear exactly which regulations you should follow in your procurement. It is true that grant notices and contracts sometimes contain more in-depth regulations. But even these are often enough contradictory and subject to interpretation.We fend off grant revocation due to award errors for you
You should not accept the revocation and recovery without complaint. At the latest when you receive a hearing letter or even if a problem is indicated, you should pick up the phone. Always observe the strict deadlines. And get help quickly. The sooner you involve a specialized law firm, the more effectively your rights can be protected. The granting authority has to observe a large number of requirements if it intends to withdraw the funding already granted to you. This includes, for example, a one-year time limit, but also the requirement to hear you beforehand. Under certain circumstances, you may be entitled to protection of legitimate expectations, e.g., if you informed the funding agency about your actions in a timely and comprehensive manner and therefore acted in the best confidence that your actions were permissible. The grantor must also have exercised its discretion in accordance with the law; many granting authorities fail to do so.
The file situation is what matters! Do not wait
The revocation of a grant is particularly unpleasant for board members, managing directors, etc.. For them, the question always arises as to whether they have damaged the recipient of the grant and are therefore liable to pay damages. After all, the subsidies are lost to him — retrospectively. Often, to be on the safe side, you should drop off a notice to your liability insurer when you receive a hearing. However, it may also be advisable to take out a D&O liability insurance policy for the first time; whether this provides coverage at such a late point in time is another question that cannot be assessed here. In any case, for this reason you should also contact the lawyers of our law firm in a trustworthy and timely manner.
You as a board member, managing director, etc. of a grantee have your own personal interest in legal counseling
You need a specialized attorney on your side when it comes to a grant revocation due to procurement errors. It is not enough to have recourse to a lawyer specialized in administrative law. This is because your lawyer needs to be fit, especially in public procurement law. He must know the procurement rules in order to be able to put the authority in its place — and to have the necessary authority before the administrative court. This is because administrative judges usually have no idea about public procurement law and its practical application.
Here’s what you need: An attorney who specializes in grant law and procurement law.
We at abante are closing the gap. We accompany countless award procedures year after year. Often enough, these are grant-funded. We know the pitfalls and the subsidy law case law. We are your partner at the interface of grant and procurement law. Call us for a no obligation initial consultation.
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The where-used list check
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Disbursement audit and audit of proof of use
Grantors and their review agencies often conduct an audit at the time of grant disbursement. The subject of the audit is whether the eligibility requirements as laid down in the notice or grant agreement have been observed. This may include, for example, whether the supply and service contracts on the basis of which payments are to be made have been properly awarded. Thus, the grantor is required not to disburse the funds at all if he can already determine during an initial review that the funding requirements are not (or no longer) met and that, on the contrary, ancillary provisions of the grant notice have been violated. If you encounter any problems here, contact a specialized law firm immediately. Avoid adverse pleas and missed deadlines and seek outside advice and representation, if necessary, as soon as possible.
In-depth examination of the award procedure often only during the audit of the proof of use
An in-depth review of the award procedure, which is primarily carried out on the basis of the award file, usually only takes place during the review of the proof of use. It may not accrue until years later. Here, the granting authority or its auditing department looks in detail at whether the recipient of the grant has complied with the grant requirements; a central aspect here is compliance with the provisions of procurement law, which was stipulated in the grant notice. If you are unsure whether your procurement file is actually complete and accurate, feel free to contact our experienced procurement law attorneys. With us, your contract award file becomes round.
Not only procurement law
Of course, the audit of the proof of use does not only focus on procurement law. The main focus is on the efficiency and economy of the use of funds and compliance with other principles of appropriation law, such as the prohibition on the premature start of measures. Also, all expenses must be fully substantiated in terms of reason and amount. You should leave nothing to chance here. Before submitting your supporting documents, contact a specialized law firm and have your proofs of use fully reviewed once before submitting them. It’s worth it.
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Education and training on the
Procurement and contract law -
We conduct basic training
Public procurement law is divided into different procedural codes, some of which have similar and some of which have different rules for structuring an award procedure. We train your specialist team, your demand carriers and your judicial office in the application of these procedural regulations. This includes the presentation of the areas of application, the types of procedures and the procedure specifics and information requirements. A sensible offer for the beginner. You can also book in-house training courses with us on the basics of public procurement law, such as the scope of application of the law on the award of contracts at the upper threshold or the concept of the contracting authority. This is of particular interest to audit authorities and audit offices, but also to in-house counsel who occasionally have to answer questions of a more fundamental dimension but do not have to handle procurement procedures. Just ask us what we have on offer for you. We find together.
Problem oriented trainings
Pure knowledge transfer is no longer appropriate in vocational education. What is needed is application knowledge. From our point of view, this means one thing above all: training. Together with your HR department, if it is responsible for training issues, or with your external service provider, we develop a portfolio of application-oriented training courses for you. This can be a case study that is solved under the guidance of one of our specialist lawyers for public procurement law in a 1‑day workshop. Or a question-and-answer game with more than 100 example cases, which increases the presence knowledge of your specialist team. We would also be happy to update this training for you and your employees or store it permanently as a video course, so that not only those who work for you here today benefit from it. But also all future generations of employees. Just contact us.
Immersion training? Gladly!
Certain topic segments require more in-depth study. If, for example, grant recipients intend to award several framework agreements, it is advisable to spend approximately four to six hours on the handling of framework agreements in compliance with grant law. Units involved in the procurement of information technology services, on the other hand, might be interested in intensive training on IT procurement and contract law, possibly even over several days. No matter which procurement segment you are more closely interested in: We are so broadly positioned in public procurement and contract law that we can cover all needs. Challenge us.
Why the preparation of the procurement procedure is so important
Procurement procedures are not only full of preconditions in factual terms, but also in legal terms. Anyone who makes a mistake here puts their project at risk. Mistakes in the contract design catch up with the recipient in the execution phase. Improperly drafted award documents already cause problems during the award procedure, but at the latest when they are reviewed by the funding agency or the granting authority. The grant application merely marks the beginning of the preparation of the procedure, but it does not mark the end of it.
The types of procurement procedures
Before initiating a procurement procedure, it is always necessary to clarify which procurement procedure type is relevant. This mostly depends on the type of service and the order value. However, an exceptional circumstance may also be relevant, according to which you may conduct a less competitive, faster procurement procedure or even award the contract directly. In order to clarify these issues with legal certainty, knowledge of the relevant provisions of procurement law and case law is required. Hence it is advisable to consult a specialist lawyer for public procurement law. We are happy to be of assistance.
The base of your procurement
When thinking about the right type of procurement procedure, it often becomes apparent that different trades are to be procured. And so what at first glance appears to be a simple purchasing procedure turns into a cascade of successive and parallel procurement procedures, with which entirely different service providers are approached. How the base of your procurement procedure can be done in a meaningful way and how your procurement procedures are to be related to each other, is a question best clarified by a specialist lawyer. Feel free to consult us at any time.
Joint contracts — yes or no?
Sometimes procurement experience advises precisely not to divide by lots, but to award a joint contract. We are thinking of general planners, total contractors and general contractors. What sounds good, however, is often enough contrary to procurement law. You should have an experienced law firm for public procurement law check whether a joint contract can be made by way of exception.
The cross-lot order value determination
When setting up your procurement and form specialty or area lots, how do you actually determine the contract value? Lot-sharp or lot-spanning? Since a correct and up-to-date contract value determination is mandatory to initiate a procurement procedure, you must also deal with it. The best thing to do is to let us help you with this.
Self-declarations, contract performance conditions, award criteria — and what else?
Preparation of the contract award includes, among other things, the preparation of relevant self-declarations, the definition of verifiable contract performance conditions, the determination of legally compliant suitability and award criteria and, of course, the legal review of the performance specification, which is the heart of every contract award. Don’t leave anything to chance here, but ask for specialist legal advice.
Rely on legally sound contracts
Ineffective clauses lead to considerable legal uncertainty and obligations with serious consequences. As a contracting authority, you therefore benefit from modern and at the same time tailor-made contracts that harmonize current legal requirements with individual needs. Even if you are obliged to apply model contracts (e.g. EVB IT), it depends on their design in detail. Our experts will be happy to help you with the drafting of your 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 procurement procedures are opened by an invitation to bid. As a specialized law firm, we will be happy to advise you on which approach you should take, what the announcement should contain and which formulations are appropriate in the invitation to tender. Do not hesitate to contact us.
Bidder questions — and sometimes reprimands
During a procurement process, bidder questions very often arise. These questions are useful. Namely, they alert the grantee to gaps and ambiguities. Indeed, they draw the attention of the contracting authority to gaps and ambiguities. Bidder questions must be answered in a timely manner and — in principle — to all interested parties. So the answer is what matters. If you are not sure about this, please contact us in confidence. All the more so if a bidder does not merely ask, but objects to your specifications on grounds of procurement law.
The opening of tenders and the formal examination
Requests to participate and bids must be properly opened and stored. In addition, this must be documented in a comprehensible manner. You can find out how best to do all this by talking to us — if you don’t want us to do these tasks for you right away. The opening is usually followed by a formal inspection. Are all documents available? Has the offer been received in due form and time? Has the bidder modified the tender documents? A series of purposeful, sensible audit points, which we will work through for you one by one if you instruct us to do so.
Presentations, testing and negotiations
Negotiations are permitted in some types of proceedings and not in others. Sometimes negotiations, although permissible, are superfluous. Then again, the grantee wants certain bid content presented to them verbally. Or that he can check them in the award procedure, because paper, as we all know, is patient. We know the legal basis and case law on under what conditions and in what form presentation, negotiation and testing can take place. Turn to us with confidence, and we will guide you through these waters as well.
The preparation of the award and the conclusion of the contract — or the cancellation of the award procedure
Procurement procedures end in two ways. Either by surcharge, i.e. by way of conclusion of the contract, or by cancellation. In both cases, a wide range of information and form requirements must be observed. Also, the draft contract announced in the award procedure must be adapted to the winning bidder. So leave nothing to chance here and ask us as your procurement and contract law advisors.
The handling of award procedures as an external awarding authority — our offer for you
We are happy to accompany your procurement as a consultant in the background. So if you would like to take the numerous measures in the award procedure yourself, either to a large extent or only selectively, this is no problem for us. As a special service, however, we offer you something more: the complete handling of your award procedure. It is true that you will still have to make all major decisions yourself. Because you are the client, and we are only your consultants. But in this service we do not only take care of the legal preparation of the essential decisions for you. Instead, we take care of all the administrative aspects of the procurement process so that your resources are burdened as little as possible. This is particularly useful for grant recipients who do not usually have their own awarding bodies.
What does compensation for damages have to do with procurement errors?
A lot. Grant recipients may be liable to pay damages to bidders if they commit procurement errors. In this context, by no means every award error leads to a liability for damages. On the other hand, there are certain mistakes that grantees are better off not making. This is because they can even lead to a claim for compensation for lost profit. The Federal Court of Justice has ruled that grant recipients who first carry out an award procedure in accordance with the law on the award of grants are then also bound by these provisions of the law on the award of grants. Bidders may therefore claim damages in the event that these rules are deviated from to their detriment.
The cancellation of the award procedure as a typical case of damages in public procurement law
If the grantee cancels the award procedure, the bidder expenditures previously made were usually useless. The bidder has wasted working time by participating in the award procedure. He may also have brought in outside consultants to make an economic bid, and those consultants cost him a lot of money. Whether you as the recipient of the grant are now obliged to pay damages or not is best clarified together with us as your specialist law firm for public procurement law. Please call us before the cancellation and not after.
The award to the wrong person as another typical case of damages
Please imagine the following case: You exclude the first-place winner because he has — allegedly — committed a formal error. You then award the contract to the bid of the runner-up. Nothing happens for two years, you stop thinking about your publicly funded procurement a long time ago. But then you receive a letter from the first-placed company at the time, demanding compensation for the lost profit and the contribution to general business expenses. Reason: The exclusion of his bid was unjustified, so you should have awarded the contract to him — and not to the runner-up at the time. If this example case has never happened to you, be happy. Many public sector clients and grantees know it all too well. Protect yourself from this and ask a specialist lawyer for public procurement law from our law firm in critical situations of the award procedure, for example when you have to exclude the first-placed bidder. We are also happy to defend you against unfounded claims for damages.
The avoidance of claims for damages as procurement compliance
Your goal as a grantee should be to avoid claims for damages at all costs. You will receive funding for your procurement, so you have nothing to give away. To ensure that you succeed, we are happy to help you establish procurement compliance. We show you in detail in which cases you have to expect an increased liability risk and how you can minimize this risk. This makes sense at least if you often take funded actions and carry out procurements. Feel free to call us and we’ll talk about it.
Contract execution begins with the award of the contract
The award of the contract not only marks the end of the award procedure. It is also the conclusion of the contract. The conclusion of the contract gives rise to mutual rights and obligations. The bidder becomes the contractor — and now often “discovers” for the first time that he is hindered in the execution of his services, that methods of execution envisaged by the client are allegedly impossible or that he needs various supplementary orders in order to bring about the desired success of the service. Since grantees are not spending their own money, they are always well advised to closely scrutinize their contractors’ purported claims. This sometimes requires specialist legal expertise. You are welcome to contact us.
The supplementary offer
Not only in the construction sector, but also in the supply of goods and services, there are changes in performance and additional services that become necessary. Agreement must then be reached with the contractor as to whether and, if so, what remuneration is to be provided for this. Some grantees act completely independently in this regard, while others rely on external expert consultants. In this context, every supplementary case brings with it legal issues. Has the alleged additional service not in fact already been ordered? Is it covered by the subsidized costs or is consultation with the granting authority required? On what contractual basis is the remuneration to be adjusted if the change in performance is not associated with any apparent additional expenditure for the contractor? It is also best to discuss these issues with us as your law firm specializing in the entire life cycle of public procurement.
The obstruction and concern notice
The principle among contractors is that it is better to send one too many obstruction and concern notices to the client than one too few. For the grantee who has submitted a financing plan and must implement its project within the funding deadlines, disability and concern notices are often enough of a boon. This is because they give him an impression of where things are going wrong, without the project management, which may be external, being able to conceal or disguise this. However, notices of obstruction and concerns also lead to legal pressure to act. They may, for example, make it necessary to exert greater influence on subcontractors. What exactly is recommended from a legal point of view, you can clarify with our lawyers. We will give you a precise idea of what action needs to be taken and against whom.
The defect case
Defects sometimes occur within the warranty period. Or the defects are directly so significant that they prevent acceptance. If there are deficiencies, the recipient of the grant must observe and set deadlines and, if necessary, even submit formal declarations. Sometimes he even has to terminate for cause if, for example, the contractor fails to remedy the defects in the ongoing project. To ensure that you do not lose any rights here or commit any formal or deadline errors, you must proceed in a structured and planned manner and observe the case law and contractual requirements. You should not leave this to your project manager alone, but call on us as a specialist law firm if necessary. Especially since your project’s eligibility for funding may be in jeopardy if it has massive deficiencies.
The revocation of funding in the event of award errors
Grantors revoke grant notices and demand repayment of funding if serious procurement errors have occurred. Sometimes even when it is merely a matter of minor errors in the award procedure.
The requirement to comply with procurement law
Grant notices often contain a requirement to comply with public procurement law. A condition is an ancillary provision to an administrative act. It may or may not be legal. If you accept it, it becomes effective — and you must comply with it even if it is unlawful. Therefore, you should contact our specialized attorneys immediately after receiving a hearing so that you do not lose any rights due to the expiration of deadlines.
Grant agreements also very often state that the grantee should comply with procurement law. This regulation is then found in one of the back paragraphs or even hidden in a paragraph where it does not belong at all — or in an annex to the grant agreement. As a rule, the grantor does not act here in the form of a notice, but it can also recover the grant funds in other ways, for example by offsetting or refusing to pay.
However, the first problem already begins with the requirement to comply with public procurement law. What is meant by “procurement law” anyway? It is not uncommon that it is unclear exactly which regulations you should follow in your procurement. It is true that grant notices and contracts sometimes contain more in-depth regulations. But even these are often enough contradictory and subject to interpretation.
We fend off grant revocation due to award errors for you
You should not accept the revocation and recovery without complaint. At the latest when you receive a hearing letter or even if a problem is indicated, you should pick up the phone. Always observe the strict deadlines. And get help quickly. The sooner you involve a specialized law firm, the more effectively your rights can be protected. The granting authority has to observe a large number of requirements if it intends to withdraw the funding already granted to you. This includes, for example, a one-year time limit, but also the requirement to hear you beforehand. Under certain circumstances, you may be entitled to protection of legitimate expectations, e.g., if you informed the funding agency about your actions in a timely and comprehensive manner and therefore acted in the best confidence that your actions were permissible. The grantor must also have exercised its discretion in accordance with the law; many granting authorities fail to do so.
The file situation is what matters! Do not wait
The revocation of a grant is particularly unpleasant for board members, managing directors, etc.. For them, the question always arises as to whether they have damaged the recipient of the grant and are therefore liable to pay damages. After all, the subsidies are lost to him — retrospectively. Often, to be on the safe side, you should drop off a notice to your liability insurer when you receive a hearing. However, it may also be advisable to take out a D&O liability insurance policy for the first time; whether this provides coverage at such a late point in time is another question that cannot be assessed here. In any case, for this reason you should also contact the lawyers of our law firm in a trustworthy and timely manner.
You as a board member, managing director, etc. of a grantee have your own personal interest in legal counseling
You need a specialized attorney on your side when it comes to a grant revocation due to procurement errors. It is not enough to have recourse to a lawyer specialized in administrative law. This is because your lawyer needs to be fit, especially in public procurement law. He must know the procurement rules in order to be able to put the authority in its place — and to have the necessary authority before the administrative court. This is because administrative judges usually have no idea about public procurement law and its practical application.
Here’s what you need: An attorney who specializes in grant law and procurement law.
We at abante are closing the gap. We accompany countless award procedures year after year. Often enough, these are grant-funded. We know the pitfalls and the subsidy law case law. We are your partner at the interface of grant and procurement law. Call us for a no obligation initial consultation.
Disbursement audit and audit of proof of use
Grantors and their review agencies often conduct an audit at the time of grant disbursement. The subject of the audit is whether the eligibility requirements as laid down in the notice or grant agreement have been observed. This may include, for example, whether the supply and service contracts on the basis of which payments are to be made have been properly awarded. Thus, the grantor is required not to disburse the funds at all if he can already determine during an initial review that the funding requirements are not (or no longer) met and that, on the contrary, ancillary provisions of the grant notice have been violated. If you encounter any problems here, contact a specialized law firm immediately. Avoid adverse pleas and missed deadlines and seek outside advice and representation, if necessary, as soon as possible.
In-depth examination of the award procedure often only during the audit of the proof of use
An in-depth review of the award procedure, which is primarily carried out on the basis of the award file, usually only takes place during the review of the proof of use. It may not accrue until years later. Here, the granting authority or its auditing department looks in detail at whether the recipient of the grant has complied with the grant requirements; a central aspect here is compliance with the provisions of procurement law, which was stipulated in the grant notice. If you are unsure whether your procurement file is actually complete and accurate, feel free to contact our experienced procurement law attorneys. With us, your contract award file becomes round.
Not only procurement law
Of course, the audit of the proof of use does not only focus on procurement law. The main focus is on the efficiency and economy of the use of funds and compliance with other principles of appropriation law, such as the prohibition on the premature start of measures. Also, all expenses must be fully substantiated in terms of reason and amount. You should leave nothing to chance here. Before submitting your supporting documents, contact a specialized law firm and have your proofs of use fully reviewed once before submitting them. It’s worth it.
We conduct basic training
Public procurement law is divided into different procedural codes, some of which have similar and some of which have different rules for structuring an award procedure. We train your specialist team, your demand carriers and your judicial office in the application of these procedural regulations. This includes the presentation of the areas of application, the types of procedures and the procedure specifics and information requirements. A sensible offer for the beginner. You can also book in-house training courses with us on the basics of public procurement law, such as the scope of application of the law on the award of contracts at the upper threshold or the concept of the contracting authority. This is of particular interest to audit authorities and audit offices, but also to in-house counsel who occasionally have to answer questions of a more fundamental dimension but do not have to handle procurement procedures. Just ask us what we have on offer for you. We find together.
Problem oriented trainings
Pure knowledge transfer is no longer appropriate in vocational education. What is needed is application knowledge. From our point of view, this means one thing above all: training. Together with your HR department, if it is responsible for training issues, or with your external service provider, we develop a portfolio of application-oriented training courses for you. This can be a case study that is solved under the guidance of one of our specialist lawyers for public procurement law in a 1‑day workshop. Or a question-and-answer game with more than 100 example cases, which increases the presence knowledge of your specialist team. We would also be happy to update this training for you and your employees or store it permanently as a video course, so that not only those who work for you here today benefit from it. But also all future generations of employees. Just contact us.
Immersion training? Gladly!
Certain topic segments require more in-depth study. If, for example, grant recipients intend to award several framework agreements, it is advisable to spend approximately four to six hours on the handling of framework agreements in compliance with grant law. Units involved in the procurement of information technology services, on the other hand, might be interested in intensive training on IT procurement and contract law, possibly even over several days. No matter which procurement segment you are more closely interested in: We are so broadly positioned in public procurement and contract law that we can cover all needs. Challenge us.
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Our references

Association as a youth welfare organization — revocation of funding
Activity: extrajudicial and judicial representation in grant revocation proceedings

Municipalities — Grant construction
Activity: Accompanying the awarding of building contracts for schools and daycare centers

Unterhaltungsverband „Stremme/Fiener Bruch“
Activity: Legal advice and implementation of a negotiated procedure with competitive bidding pursuant to § 17 para. 1 VgV without lot division

Municipally owned company — subsidized construction
Activity: Expert opinion on the onward transfer of subsidies and the notification requirement under state aid law

Tourism Association Spreewald e.V.
Short name of legal services: “Legal support EU tender business management of the tourist association Spreewald e.V.” Award Title: “Geschäftsbesorgung für die Betriebsführung des Tourismusverbandes Spreewald e.V.”. Performance provided in bullet points: — Consulting/support, preparation and handling of a negotiation procedure (without lots) with competitive bidding for the award of a Agency agreement — Clarification […]

Unterhaltungsverband „Stremme/Fiener Bruch“
Activity: Legal advice and implementation of a negotiated procedure with competitive bidding pursuant to § 17 para. 1 VgV without lot division

Kunst- und Ausstellungshalle der Bundesrepublik Deutschland GmbH
Short name of legal services: „Call for proposals exhibition Immanuel Kant” Award Title: Open procedure for the procurement of a VR reconstruction of Kant’s Köniqsberq ” Performance provided in bullet points: Consulting/ support, preparation and handling of an open procedure according to § 15 VgV, § 7 79 par. 3 ARC for the procurement of […]

Zentrum für Sozialforschung Halle e.V.
Short name of legal services: „Support and advice for tender” Award Title: “Population Survey for the Germany Monitor 2023–2025 of the Halle Center for Social Research e. V. at the Martin Luther University Halle-Wittenberg”. Performance provided in bullet points: — Consultation, preparation and handling of an open procedure for the award of a Population survey […]

Foundation — process consulting
Activity: Review of a cooperation with a municipal company for the purpose of organizing events in terms of funding law

Municipality — grant construction
Activity: Expert opinion on the aid character of a lease agreement for a building renovated with subsidies

Regional authority — IKT
Activity: Procurement law audit of 76 award procedures for the procurement of laboratory and medical technology as part of the audit of proof of use

Association after international project of political education — grant revocation
Activity: out-of-court representation after revocation of grant

Architect — Grant construction
Activity: Revision of award files after freeze on disbursement of subsidies in daycare center construction

Bildungszentrum Bau Osthessen Bebra
Activity: Legal support for the award of contracts for architectural and engineering services, execution of a negotiated procedure with TNW according to §17 Abs. 1: Lot 1 “Building planning”; Lot 2 “Technical equipment planning” and a national award in accordance with UVgO: Lot 3 “SiGeKo”; Lot 4 “Fire protection”.

Municipally owned company — revocation of grant
Activity: Advice on liability claims against project controllers after grant construction and revocation of grant funds