How do nullity proceedings work and what are their benefits?
The invalidity proceedings are aimed at obtaining a declaration of invalidity. Accordingly, the procurement chamber declares a contract invalid from the outset. It only does this at the request of a company that has an interest in the contract.
You can find out the exact procedure and the purpose here.
How do you find out about de facto awarded contracts?
Contracting authorities are obliged to publish a contract award notice. This does not apply to every small contract, but to many (and almost all economically relevant) public contracts. Companies can search for and retrieve these notices in the Tenders Electronic Daily.
Do you want to know how to search the TED intelligently and keep up to date with de facto orders placed with competitors? Feel free to contact us. We will be happy to help you, also in coordination with your IT department.
Contracts that are de facto awarded are not always properly publicized, even if they are of great economic importance. This is where sector and industry contacts, media reports and inquiries to the contracting authorities can help. In cases that remain unclear, a proactive approach to the procurement chamber can also lead to success.
Are you at the end of your research but know for sure that something has gone wrong? Please feel free to contact us.
What happens next: 3 steps to success
If there is a de facto awarded contract, we proceed in three steps.
- We clarify the legal admissibility.
- In the event of inadmissibility, we contact the client with the aim of reaching an amicable solution. This means that the client should terminate the contract and issue a proper invitation to tender.
- If step (2) fails, we will initiate nullity proceedings.
The legal admissibility of direct awards
Direct awards are by no means always de facto awards. In other words, they can be permissible.
It is conceivable that there is no one else on the market who can provide the service and that no reasonable alternatives to the product or the manufacturer are conceivable.
It is also conceivable that things had to be done quickly, and were allowed to be done quickly, and that this was why it was necessary to fall back on precisely this one company.
The reasons are therefore manifold. In order to assess their validity, a precise knowledge of the decision-making practice of the review bodies is required. This is becoming increasingly differentiated, depending on service areas and product types, among other things. Please note: The admissibility of a product specification alone does not justify a direct award.
Regardless of whether you are a bidder or a contracting authority, leave nothing to chance here. We will check the admissibility of a direct award for you, quickly and reliably. Please do not hesitate to contact us.
