Public Procurement Law

Public contracting authorities procure goods and services through formal procurement procedures governed by a complex set of regulations at EU, national, and federal levels. Construction contracts are awarded in accordance with the VOB/A, while all other services follow the provisions of the VgV. Special rules apply in certain sectors, such as the SektVO for utilities, the VSVgV for defense and security procurement, and the KonzVgV for concessions.

A distinction must be made between EU-wide procedures for high-value contracts and purely national procedures. For the latter, Section 1 of the VOB/A applies to construction contracts, and the UVgO to other services. Entities using public funding—even private companies—are generally subject to procurement regulations to ensure proper use of funds. Additionally, each federal state in Germany may have its own procurement laws, which often include region-specific minimum wage requirements differing from the national standard.

Given the multitude of rules, it is no surprise that both contracting authorities and bidders frequently seek legal support in preparing and conducting procurement procedures or participating in them.

Leinemann Partner has one of the largest and most experienced public procurement law teams in Germany. With a significant number of specialist procurement lawyers, we provide advice across the full spectrum of procurement law.

We advise both contracting authorities and bidders in all procurement-related matters—from preparing the tender documents to managing the procedure, drafting contracts, and handling objections and review proceedings.

Construction Procurement

Given the often high contract values, limited funding periods, and significant bidding costs, major construction projects today are hardly feasible without legal guidance. Any construction measure exceeding EU thresholds must be put out to EU-wide tender. Due to fierce competition in the construction industry, some tenders end up in review procedures before the Public Procurement Chamber or Higher Regional Court. Contracting authorities risk having to repeat the tender, while bidders often lose opportunities due to incorrect submissions or strategic mistakes. Leinemann Partner ensures the commercial success of our clients through expert legal support.

Procurement of Supplies and Services

EU-wide procedures under the VgV and national procedures under the UVgO apply to non-construction services. Design services for construction projects are also tendered under the VgV or UVgO. The diversity of procurement needs often requires tailored procedures: large framework agreements, technology tenders using innovation partnerships or competitive dialogue, and techniques like reverse auctions or e-catalogs. Central purchasing bodies are increasingly established—especially at the municipal level—to consolidate procurement expertise. Leinemann Partner supports contracting authorities in all these tasks.

We also offer complete management of e-procurement procedures through established electronic platforms. We maintain framework agreements with platform providers, which we can make available to contracting authorities. If desired, Leinemann Partner can manage the entire process, leaving only the decision-making on evaluation and awarding to the client.

Bidder Support

Bidders must carefully consider procurement law when preparing their tenders: Are alternative proposals allowed? Does my product meet the specifications? How flexible are the delivery conditions? How will the different elements of my offer be evaluated?

Every tender requires different preparation and may be quite complex. Even the qualification stage can involve extensive, specific documentation requirements. Completing the forms correctly, forming bidding consortia, or addressing personnel-based evaluation criteria can present significant challenges. Leinemann Partner supports bidders in preparing their submissions, formulating bidder questions, and filing legal objections if necessary—helping to avoid disqualification for formal reasons.

Tender Design

Designing tender documents and determining the right procurement strategy is a critical issue for contracting authorities. Serious errors may lead to the loss of promised public funding if audit authorities find procedural flaws. Public contracts must be awarded in compliance with legal requirements. Leinemann Partner provides experienced legal support, especially where internal staffing is limited.

We can take on a wide range of tasks, including:

• Market research
• Procedure design
• Drafting of procurement documents and notices
• Conducting the full e-procurement process
• Managing bidder inquiries
• Bid opening and formal evaluation
• Contract drafting and negotiation support
• Responding to legal objections (§160 (3) GWB)
• Preparing procurement documentation
• Supporting the awarding and contracting process

Leinemann Partner offers legal guidance across all procurement procedure types and provides tailored solutions for every client.

Review Procedures

Review procedures are subject to extremely tight deadlines and require the highest level of legal expertise. Complex issues must be analyzed and presented to the procurement authority or court within two to five days. Legal strategy is critical, and long-standing experience is essential. The same applies to the document access rights (§165 GWB), where the success of a bidder may hinge on the amount of material disclosed. No other legal procedure is so full of uncertainties—such as sudden re-evaluations or newly discovered documents—as procurement review. Success or failure often depends on smart legal tactics and sometimes even the outcome of the oral hearing.

Leinemann Partner has successfully handled hundreds of review cases and built up unmatched expertise. Many key published decisions of Germany’s procurement review bodies were achieved through our representation. We know the chambers and courts firsthand.

IT Procurement

IT procurements are governed by the VgV or UVgO. Larger projects involving hardware and/or software often include pilot phases or require competitive dialogue or negotiation procedures. These processes can be complex and prone to failure. Data security (especially in the cloud), intellectual property rights, and compatibility with existing infrastructure must be carefully examined. Standard EVB-IT contracts often require customization for use in public procurement.

Leinemann Partner has years of experience with large-scale IT projects, such as introducing e-file solutions for entire state administrations or procuring custom software used nationwide by federal agencies. Our support includes moderating and documenting negotiation meetings, as well as drafting legal and procedural documents. We provide expertise to both contracting authorities and bidders.

This also applies when procurements are governed by the VSVgV. Our long-standing competence in this area is also reflected in our role as co-authors of the leading VSVgV commentary (Leinemann/Kirch), written with the support of many of our lawyers.

Defense and Security

Since the VSVgV came into force in 2012, procurement law also applies to defense and security-related contracts, which is of critical importance for the Bundeswehr, police, and other security authorities. Leinemann Partner is one of the most experienced firms in this specialized area. We advise both contracting authorities and bidders on legally compliant procurement under the VSVgV and VS-VOB/A—from drafting tender documents to representation in review proceedings.

Our expertise includes defense and IT procurement, security-related construction projects, and tenders for telecommunications, maintenance, equipment, and software development. As publishers of the leading commentary on the VSVgV and VS-VOB/A (Leinemann/Kirch), we are key contributors to the professional literature in this field.

Audits and Compliance

The VgV forms the legal foundation for public procurement outside the traditional construction sector. Whether complex framework agreements, technology-based tenders, or innovative methods like reverse auctions and e-catalogs—VgV-based procurements require a high level of legal certainty and strategic planning.

Leinemann Partner specializes in VgV procedures and supports both public clients and bidders from preparation to contract award. Our involvement in case law and professional publications ensures that we are always up to date…

Construction Procurement: Public–Private Partnerships (PPPs) 

Public–Private Partnerships (PPPs) and operator models have long been an established part of public procurement. Whether it’s school renovations, road construction, prisons, fire stations, or special-purpose buildings – Leinemann Partner  advise both contracting authorities and bidders in all phases of PPP projects. We have advised the bidder side on nearly all major PPP projects in federal highway construction since 2007.

Our expertise ranges from the development of tailored procurement strategies and the preparation of tender documents to legally secure support in competitive dialogues and negotiated procedures. We also offer in-depth legal guidance and many years of experience in the privatization of public services – for example in hospitals, street lighting, IT, and traffic control. Numerous references attest to our expertise in PPP procurement.

Sectors

Procurement in Regulated Sectors

Procurement in regulated sectors primarily involves construction projects in the fields of drinking water, energy, ports, airports, rail transport, and public transit. Since 2009, these projects have been governed by the Sector Ordinance (SektVO) – not by the VOB/A or VgV. The rules are less stringent, allowing greater flexibility for contracting authorities, but still constitute formal procedures subject to full legal review by procurement review bodies and courts.

Leinemann Partner is one of the leading law firms in Germany for regulated sector construction procurement. We provide experienced legal guidance for large-scale projects such as railway lines, offshore wind grid connections, power corridors, and port construction – supporting both contracting authorities and bidders throughout complex procurement processes.

Energy Transition and Infrastructure: Offshore Power Grids & Grid Connections

Leinemann Partner has long-standing experience advising on complex large-scale projects in the energy sector, both nationally and internationally. A particular focus lies on high-investment ventures, including wind, photovoltaic, biomass, gas, and coal power plants, as well as converters, substations, and CHP plants. We also advise on heating generation and distribution projects, and on plant construction in the chemical and metal industries. In addition to contract drafting, we assist with arbitration proceedings, Dispute Adjudication Boards (DAB), and out-of-court dispute resolution.

A core element of our work is legal advice on grid connections for offshore wind farms in the North and Baltic Seas, as well as on the construction of high-voltage transmission lines onshore – key projects for Germany’s energy transition. Our clients include energy providers, grid operators, general contractors, shipyards, electrical companies, suppliers, construction companies, and platform manufacturers. We are actively involved in numerous major projects – from tendering and award procedures to construction-phase legal support.

Sector Procurement for Supplies, Services, and Utilities

Procurement of supplies and services in regulated sectors is also governed exclusively by the Sector Ordinance (SektVO), alongside the German Act Against Restraints of Competition (GWB). As such, these procurement processes remain fully reviewable. Our experienced public procurement lawyers assist both contracting authorities and bidders in legally sound procedures and vigorously represent them in procurement review proceedings.

Concessions

The award of concessions – such as in the electricity and gas sectors (Sections 46 et seq. EnWG) or for municipal events – is subject to specific legal regimes, such as the Concession Award Regulation (KonzVgV). This includes the use of public spaces, event venues, or even emergency services.

Leinemann Partner has successfully supported public authorities and companies in concession award procedures for many years – from the tendering process to securing legal certainty in the proceedings.