Public Procurement Law
Public procurement for products, services and construction works is a core strength of Leinemann Partner both nationally and internationally.
We support bidders in preparing their offer and to find their way through open and restricted procedures, competitive procedures with negotiation or dialogue as well as the new innovative partnership-procedure. Framework agreements and all electronic procedure are also within our specialization.
We also provide legal support for public authorities as well as for public companies along all steps of a procurement process. This includes preparation of all documents for procurement, such as conditions of contracts, specifications, contract award criteria as well as the handling of all procedural steps from the first publishing of the tender until closing of the contract.
EU-directives provide for review procedures with the aim of correcting all alleged infringements during the procurement process and prevent further damage to bidders. Every EU member state has installed a body independent from contracting authorities to give effect to the rule that a submission for review must effectively suspend the possibility to conclude the contract. After a decision of such review board, either party may call on a court of appeal for a second (and final) instance. In Germany, the “Vergabekammer” deals with such complaints in the first instance and the Oberlandesgericht hears appeals against such decisions, where the bidder must be reprensented by an attorney licensed in Germany. Leinemann Partners have handled a substantial share of such proceedings across Germany and are very experienced in representing either bidders or public authorities in procurement disputes as well as appeals. We were involved in many major procurement proceedings as advisors and – at a later stage – as litigators once disputes occurred.
Leinemann Partners are not limited to advice on German procurement matters. Clients also rely on us for support in international tenders, e.g. projects financed by The World Bank, EIB, EBRD or being funded by other international organizations requiring formal, non-discriminating tender procedures.
In public-private-partnership (PPP)-Projects we advise on all contractual matters as part of the tender proceedings. Key areas of or legal services are – among others – drafting and negotiating of the main contract (concession, service or construction), long-term service and maintenance contracts covering periods of up to 30 years, financial agreements, subcontractor contracts, guarantees and bonds, etc.