Do you par\u00adtic\u00adi\u00adpate in pub\u00adlic pro\u00adcure\u00adment pro\u00adce\u00addures as a bid\u00adder or appli\u00adcant? Do you have the impres\u00adsion that you don\u2019t real\u00adly get your chance? That some\u00adhow every\u00adthing always goes against you? You are not the only one who knows this feel\u00ading. The leg\u00adis\u00adla\u00adtor has long since pro\u00advid\u00aded redress. Name\u00adly, by means of the pro\u00adcure\u00adment review. <\/p>\n
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Now, if you are won\u00adder\u00ading what a pro\u00adcure\u00adment review process is, there is an easy answer and a dif\u00adfi\u00adcult answer. The sim\u00adple answer: Above (and some\u00adtimes below) cer\u00adtain con\u00adtract val\u00adues, you can appeal to a so-called pro\u00adcure\u00adment cham\u00adber and request a review of the award. This is true in every state and, of course, in the fed\u00ader\u00adal admin\u00adis\u00adtra\u00adtion as well. The dif\u00adfi\u00adcult answer: this request for review depends on many pre\u00adcon\u00addi\u00adtions which a lay\u00adman (which, by the way, also includes a non-spe\u00adcial\u00adized lawyer) usu\u00adal\u00adly does not have an overview of. <\/p>\n
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As a rule, the same always applies to con\u00adtract\u00ading author\u00adi\u00adties and bid\u00adders: do not be afraid of the review process. As a bid\u00adder or can\u00addi\u00addate, you should be aware of three rea\u00adsons in par\u00adtic\u00adu\u00adlar why you should not feel any hes\u00adi\u00adta\u00adtion about the con\u00adtract award review. <\/p>\n
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Even if the rumor per\u00adsists, there are no black\u00adlists. So here\u2019s my first rea\u00adson: there are no black\u00adlists. Nat\u00adu\u00adral\u00adly, one or the oth\u00ader spe\u00adcial\u00adist admin\u00adis\u00adtra\u00adtion forms an impres\u00adsion of your com\u00adpa\u00adny and its per\u00adfor\u00admance, your adher\u00adence to dead\u00adlines and the qual\u00adi\u00adty of your work. How\u00adev\u00ader, as a rule, only for and in rela\u00adtion to order exe\u00adcu\u00adtion. Their behav\u00adior in the pro\u00adcure\u00adment process, on the oth\u00ader hand, is of less or no inter\u00adest. Whether you are a \u201cdif\u00adfi\u00adcult\u201d bid\u00adder or not does not mat\u00adter. Again, it should not only not mat\u00adter whether you exer\u00adcise your rights in the pro\u00adcure\u00adment process or not. And it cer\u00adtain\u00adly does\u00adn\u2019t mat\u00adter. \u2018Excep\u00adtions prove the rule\u2019, you will now retort. Well, we actu\u00adal\u00adly do not know of any such excep\u00adtions from our own view\u00adpoint. <\/p>\n
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Here is my sec\u00adond rea\u00adson why you should not be afraid to ini\u00adti\u00adate a con\u00adtract pro\u00adcure\u00adment review pro\u00adce\u00addure: since you already find your\u00adself with\u00adout a con\u00adtract. The con\u00adtract pro\u00adcure\u00adment review pro\u00adce\u00addure will not win you the con\u00adtract. Request\u00ading an award of con\u00adtract to your own com\u00adpa\u00adny usu\u00adal\u00adly reveals the (legal) lay\u00adman. How\u00adev\u00ader, it is often the case that \u2014 if you present your\u00adself in a civ\u00adil man\u00adner \u2014 you will enter into a dis\u00adcus\u00adsion with the client. In the legal\u00adly pre\u00adscribed path\u00adways, of course. If you are in a promis\u00ading posi\u00adtion in the eval\u00adu\u00ada\u00adtion sequence, this may indeed lead to the client award\u00ading the con\u00adtract to your com\u00adpa\u00adny \u2014 as a result of the review pro\u00adce\u00addure. As a side note: Expe\u00adri\u00adenced bid\u00adders with legal exper\u00adtise who pre\u00adfer to avoid the pro\u00adcure\u00adment review pro\u00adce\u00addure and instead rely on dam\u00adages are not infre\u00adquent\u00adly mis\u00adtak\u00aden. Even if your bid is not in a promis\u00ading posi\u00adtion, it is often the case that you sim\u00adply get a sec\u00adond chance. The client invites ten\u00adders again \u2014 only bet\u00adter \u2014 and you can par\u00adtic\u00adi\u00adpate prop\u00ader\u00adly a sec\u00adond time. New game, new luck. Once again: No fear, because you already are with\u00adout a con\u00adtract. <\/p>\n
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If you are suc\u00adcess\u00adful, the con\u00adtract\u00ading author\u00adi\u00adty must pay your expens\u00ades. This means that the costs of the Pro\u00adcure\u00adment Cham\u00adber are paid by the state. And the lawyer\u2019s fees? Here it is a bit more com\u00adpli\u00adcat\u00aded, but far bet\u00adter for you than you prob\u00ada\u00adbly think. At the very least, the con\u00adtract\u00ading author\u00adi\u00adty is required to reim\u00adburse the legal fees in accor\u00addance with the Ger\u00adman Lawyers\u2019 Fees Act (Recht\u00adsan\u00adwaltsverg\u00fc\u00adtungs\u00adge\u00adsetz). These are often not all the costs incurred. But usu\u00adal\u00adly the largest part. By the way, in case you did\u00adn\u2019t know: If you file a sub\u00adstan\u00adti\u00adat\u00aded com\u00adplaint through a lawyer, the client has to pay the lawyer\u2019s fees accord\u00ading to the Lawyers\u2019 Fees Act. So why do you still file a com\u00adplaint your\u00adself? <\/p>\n
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Let me sum\u00adma\u00adrize: First, there are no black\u00adlists. Sec\u00adond, no order you already have. Third, a rep\u00adri\u00admand and a pro\u00adcure\u00adment review process are gen\u00ader\u00adal\u00adly not near\u00adly as expen\u00adsive as you might think. It pays to fight. Not always, but more often than you might think. <\/p>\n
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*This legal tip is not a sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, nor is it spe\u00adcif\u00adic to your case, and it also rep\u00adre\u00adsents a snap\u00adshot in time, as legal prin\u00adci\u00adples and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves enter\u00adtain\u00adment and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Do you par\u00adtic\u00adi\u00adpate in pub\u00adlic pro\u00adcure\u00adment pro\u00adce\u00addures as a bid\u00adder or appli\u00adcant? Do you have the impres\u00adsion that you don\u2019t real\u00adly get your chance? That some\u00adhow every\u00adthing always goes against you? You are not the only one who knows this feel\u00ading. The leg\u00adis\u00adla\u00adtor has long since pro\u00advid\u00aded redress. Name\u00adly, by means of the pro\u00adcure\u00adment review. [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":14945,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[],"tags":[],"team_kategorien":[],"lexikon_kategorie":[223],"class_list":["post-15342","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","lexikon_kategorie-review-procedure"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15342","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15342"}],"version-history":[{"count":3,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15342\/revisions"}],"predecessor-version":[{"id":15345,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15342\/revisions\/15345"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/14945"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15342"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15342"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15342"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15342"},{"taxonomy":"lexikon_kategorie","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/lexikon_kategorie?post=15342"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}