Baker & McKenzie in Germany
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Baker & McKenzie in Germany
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Procurement Law in Germany

We assist our clients in the preparation of tenders and bids in national, European and international procurement procedures, particularly in procedures under the German procurement regulations for supplies and services (VOL), for public works (VOB), for the award of independent contractor services (VOF), and in tender procedures according to the Government Procurement Agreement (GPA). In addition to supporting our clients in public tender procedures, our practice focuses on representing clients in disputes on violations of procurement regulations. We advise with the objective of structuring bidding companies participation in procurement procedures from the outset so as to avoid conflicts and to ensure a successful participation.

We have particular experience in IT and pharmaceutical awards, in sectoral public tender procedures (i.e. the supply of drinking water, energy and transport) and in procurement aspects of the privatization of publicly owned companies (especially the admissibility of public private partnerships under procurement law).

Our activities focus on:

  • Representation of tenderers
  • Assistance to tenderers in the preparation and submission of bids
  • Objections to the public contracting entity against violations of procurement regulations
  • Representation of clients in procedures before the awards chamber (Vergabekammer)
  • Representation of clients in procedures before the awards senate (Vergabesenat) of the Higher Court (Oberlandesgericht)
  • Seminars for staff to ensure compliance with the applicable procurement law for the participation in public tender procedures
  • Advice to public entities during procurement procedures
  • Preliminary advice for public entities on the applicability of public procurement regulations and the preparation of the tender documents
  • Seminars for staff to ensure compliance with the applicable procurement law for the participation in public tender procedures
  • Assistance in contract drafting
  • Review of price structures of public contracts with regard to their compliance with procurement regulations 
  • Claims for compensation for damage or loss incurred due to violations of procurement regulations 
     

Joint ventures between competitors may provide a basis for public bidding exclusion, as shown by two recent decisions of the Higher State Court of Dusseldorf. We provide an overview of the court’s rulings and outline the consequences companies face for forming bidding consortia with competitors.
We explain how the European Union directive on defence and security procurement impacts EU member states — even those that have not adopted the directive into national law after it took effect on 21 August 2011.
Baker & McKenzie lawyers play key roles in the publication of Practising Law Institute's Pro Bono Service by In-House Counsel: Strategies and Perspectives, which offers broad insights on the development of in-house pro bono strategies, as well as the challenges and rewards of implementing effective pro bono programs within corporations.
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