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Unsere Standorte

Grant law

Prepa­ra­tion of the award pro­ce­dure

For grant recip­i­ents, the prepa­ra­tion of the award begins with the grant appli­ca­tion — not just with the first ten­der text. Errors in this phase come to light at the lat­est dur­ing the review by the grant­i­ng author­i­ty.

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Prac­ti­cal note

As ear­ly as pos­si­ble

The prepa­ra­tion of the award does not end with the grant appli­ca­tion

Audit risk

Sub­se­quent inspec­tion

Award errors are checked by the fund­ing provider in the proof of use

What we do for you

Type of pro­ce­dure & deter­mi­na­tion of con­tract val­ue

We clar­i­fy which type of award pro­ce­dure is pre­scribed by your fund­ing deci­sion and cor­rect­ly deter­mine the con­tract val­ue for all lots.

Rerail­ing &
Lot for­ma­tion

We struc­ture your pro­cure­ment, check SME pro­tec­tion and lot for­ma­tion oblig­a­tions and coor­di­nate par­al­lel award pro­ce­dures.

Award doc­u­ments & con­tract design

We draw up audit-proof ten­der doc­u­ments and con­tracts, tak­ing into account the legal require­ments for grants — includ­ing the pro­hi­bi­tion of pre­ma­ture com­mence­ment of mea­sures.

Why the prepa­ra­tion of the award pro­ce­dure is so impor­tant

Pro­cure­ment pro­ce­dures are pre­con­di­tion-rich not only in fac­tu­al but also in legal terms. Any­one who makes a mis­take here is jeop­ar­diz­ing their project and their fund­ing. Mis­takes in con­tract design catch up with the grantee in the exe­cu­tion phase. Improp­er­ly draft­ed award doc­u­ments already cause prob­lems dur­ing the award pro­ce­dure, but at the lat­est dur­ing the review by the fund­ing agency or the grant­i­ng author­i­ty. The appli­ca­tion for a grant mere­ly marks the begin­ning of the prepa­ra­tion of the pro­ce­dure, but does not mark the end of it.

Choos­ing the right type of award pro­ce­dure

Before ini­ti­at­ing a pro­cure­ment pro­ce­dure, it is always nec­es­sary to clar­i­fy which pro­cure­ment pro­ce­dure type is rel­e­vant. This usu­al­ly depends on the type of ser­vice and the con­tract val­ue — but the ancil­lary pro­vi­sions of the grant award notice and the prac­tice of the respec­tive fund­ing body are also deci­sive. An excep­tion may also apply, accord­ing to which you may car­ry out a less com­pet­i­tive, faster award pro­ce­dure or even award the con­tract direct­ly. In order to clar­i­fy these ques­tions with legal cer­tain­ty, knowl­edge of the rel­e­vant pro­vi­sions of pro­cure­ment law and case law is required, as well as the prac­tice of the grantor. That is why it is advis­able to con­sult a spe­cial­ist lawyer for pub­lic pro­cure­ment law. We are hap­py to be there for you.

The rerail of your pro­cure­ment

When think­ing about the right type of award pro­ce­dure, it often becomes appar­ent that dif­fer­ent trades are to be pro­cured. Bei den Über­legun­gen zur richti­gen Art des Ver­gabev­er­fahrens zeigt sich oft, dass unter­schiedliche Gew­erke zu beschaf­fen sind. And so what at first glance appears to be a sim­ple pur­chas­ing pro­ce­dure turns into a cas­cade of suc­ces­sive and par­al­lel award pro­ce­dures, with which the most diverse ser­vice providers are approached. The best way to ensure that your award pro­ce­dures are com­pat­i­ble with one anoth­er is to con­sult a spe­cial­ist lawyer. Feel free to con­sult us at any time.

Over­all award — yes or no?

Some­times pro­cure­ment expe­ri­ence advis­es pre­cise­ly not to divide by lots, but to make an over­all award. We are think­ing of gen­er­al plan­ners, total con­trac­tors and total con­trac­tors, gen­er­al con­trac­tors and gen­er­al con­trac­tors. What sounds good, how­ev­er, is often enough con­trary to pro­cure­ment law and thus puts your fund­ing at risk in a spe­cial way. You should have an expe­ri­enced law firm for pub­lic pro­cure­ment law check whether an over­all award can be made by way of excep­tion.

The cross-lot order val­ue deter­mi­na­tion

When you set 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.

Inef­fec­tive claus­es lead to con­sid­er­able legal uncer­tain­ty and oblig­a­tions with seri­ous con­se­quences. As a grant recip­i­ent, you there­fore ben­e­fit from mod­ern and at the same time tai­lor-made con­tracts that har­mo­nize the cur­rent legal require­ments with indi­vid­ual needs. Even if you are oblig­ed to use mod­el con­tracts (e.g. EVB-IT), it depends on how they are draft­ed in detail. Our experts will be hap­py to help you with the draft­ing of the con­tract and will also take into account legal require­ments relat­ing to grants, such as the ban on the pre­ma­ture start of mea­sures.

Typ­i­cal pro­ce­dure

  • Deter­mi­na­tion of con­tract val­ue and thresh­old val­ue check
  • Clar­i­fi­ca­tion of the rel­e­vant type of award pro­ce­dure
  • Check­ing rerail­ing and lot for­ma­tion oblig­a­tions
  • Prepa­ra­tion of the ten­der doc­u­ments
  • Draft­ing of con­tracts in con­sid­er­a­tion of fund­ing law require­ments

Fre­quent­ly asked ques­tions about pro­ce­dur­al sup­port

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

When do I have to car­ry out an award pro­ce­dure as a fund­ing recip­i­ent?

This depends on the ancil­lary pro­vi­sions of your grant award notice. Many fund­ing providers stip­u­late the appli­ca­tion of pub­lic pro­cure­ment reg­u­la­tions above cer­tain con­tract val­ues — regard­less of whether you are a con­tract­ing author­i­ty with­in the mean­ing of the GWB. The spe­cif­ic thresh­olds and types of pro­ce­dure that apply to your project can only be assessed on a case-by-case basis. We will be hap­py to help you with this.

→ Arrange an ini­tial con­sul­ta­tion now

The pro­hi­bi­tion gen­er­al­ly pro­hibits the start of imple­men­ta­tion of the fund­ed project — includ­ing legal­ly bind­ing con­tract awards — before the grant has been award­ed. Prepara­to­ry steps such as plan­ning, cal­cu­la­tion and prepa­ra­tion of the award doc­u­ments are gen­er­al­ly not cov­ered by this. You should seek legal advice in advance to clar­i­fy what applies in your spe­cif­ic case. We will be hap­py to help you with this.

Errors in the award prepa­ra­tion — such as the selec­tion of the wrong type of pro­ce­dure, an incor­rect deter­mi­na­tion of the con­tract val­ue or inad­e­quate award doc­u­ments — can be object­ed to as part of the ver­i­fi­ca­tion of the use of funds. Depend­ing on the sever­i­ty of the error, there is a risk of pro rata reduc­tions or com­plete revo­ca­tion of fund­ing. We will be hap­py to dis­cuss with you how you can pro­tect your­self.

→ Arrange an ini­tial con­sul­ta­tion now

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

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