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.

Top­ics for grantees

  • Prepar­ing the pro­cure­ment pro­ce­dure

  • 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.

  • The pro­cure­ment pro­ce­dure man­age­ment

  • 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.

  • 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.

  • 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.

  • 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.

  • The where-used list check

  • 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.

  • 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.

We sup­port you as Grantee!

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