Public Procurement Tribunal

The Procurement Chamber is the independent body responsible for reviewing award decisions and arbitrating disputes related to procurement procedures. The Public Procurement Tribunals play an important role in ensuring a fair and transparent procurement procedure.

The Public Procurement Tribunals are special bodies established in the individual federal states of Germany. Their exact organization and jurisdiction may vary slightly depending on the federal state, but in general they have the following tasks:

1. review of award decisions: The Public Procurement Tribunals review complaints and applications from companies or other parties who feel they have been disadvantaged by an award decision. They examine whether the award procedure was conducted properly, whether the award criteria were applied correctly and whether the decision complies with the applicable award rules.

2. arbitration of disputes: The Public Procurement Tribunals may act as a conciliation body to resolve disputes between parties in the procurement process. This is usually done through mediation and negotiation between the parties to find a mutually agreeable solution and avoid lengthy court proceedings.

Legal advice and information: The public procurement tribunals offer legal advice and information to the parties involved in public procurement proceedings. They can answer questions on procurement rules, provide clarifications on tender documents and provide general information on procurement law.

The public procurement chambers are composed of experienced lawyers and experts who have expertise in public procurement law. They are independent and their decisions are legally binding unless a judicial review is sought.

There are different types of public procurement tribunals, depending on the value of the contract and the relevant jurisdiction. As a rule, there are "awarding chambers at the higher regional courts" for larger contracts and "awarding chambers at the regional councils" or "awarding chambers at the state administrative office" for smaller contracts.

The awarding chambers ensure that award procedures are conducted in accordance with the principles of public procurement and protect the interests of the bidders as well as the integrity of the award procedure.