YOUR CHALLENGES
The purchase of goods or services by the public sector regularly takes place within the framework of national or even international tenders. As a contracting authority or bidder in such a procurement procedure, you are faced with a multitude of considerations and requirements that must be taken into account and fulfilled.
Whether insurance services, IT contracts (software or hardware), service or supply contracts (such as planning contracts), contracts for construction services or concessions: For both public sector clients and companies in private law form that have to comply with public procurement law (whether as a functional client, for example, or due to specifications in a funding decision), a tendering process always involves a lot of effort. Conversely, it also enables the contracting authority to award contracts to appropriately specialised bidders and thus in a particularly cost-effective manner if it is specifically designed.
For bidders and potential contractors, on the other hand, an award procedure offers the guarantee of being able to demand and enforce a fair tender. For them in particular, legally compliant support during the award procedure is essential in order to increase their chances of being awarded a contract, be it by avoiding premature exclusion due to formal errors or by reviewing the legality of an award to a competitor by way of a review procedure.
OUR SOLUTIONS
Our team advises you on all issues arising at national and European level in connection with public procurement law. Whether you are a contracting authority or a bidder – we are an experienced partner when it comes to supporting you in your procurement procedure so that you achieve the best possible result. With our in-depth legal and commercial expertise, we work with you to optimise the implementation of your chosen procurement strategy.
As your advisor, we guide you through the entire procurement process with legal certainty. Our lawyers will ensure that your specific objectives are implemented in accordance with public procurement law, that the requirements of European and national law, including the state procurement laws, are complied with and that the scope for structuring is exploited in your favour and that your procedure remains as lean as possible overall.
We provide ongoing support in procurement procedures for services or construction work in a wide range of areas and can draw on many years of extensive experience. Above all, you can rely on our in-depth expertise and procedural experience from review procedures in the preparation and implementation of public procurement procedures.
Depending on the complexity of the procedure, we draw on the specialist knowledge of our colleagues from other areas of law and thus always provide you with the best solutions for your individual procurement needs based on the specific contract.
OUR SERVICES
Advice for clients
On the client side, we provide comprehensive legal and operational advice on the preparation and implementation of procurement procedures through to subsequent contract management. This includes structuring the procurement process, drafting the contract notice and award documents, including all tender conditions and specifications, responding to bidder enquiries, drafting and negotiating all contracts, maintaining the award file and other documentation up to the award of the contract, as well as any support in review proceedings.
On request, we can train your employees in public procurement law – in particular with regard to the efficient organisation of procedures and taking into account current case law on the following points/procedures:
- Structuring the procurement process, tendering obligation/choice of procedure
- Preparation of flow charts
- Support in the implementation of electronic awards
- Ongoing advice in the award procedure
- Handling of bidder questions and complaints
- Moderation of the entire award process in the responsible committees
- Support with the evaluation of tenders
- Advice on the exclusion of bidders
- Conducting contract negotiations
- Procurement documentation
- Organisation and handling of PPP / PPP awards
Advice for contractors
On the bidder side, we advise and support you before and during participation in public procurement procedures, including reviewing the tender documents, preparing requests to participate and tenders, recognising breaches of public procurement law and dealing with procurement blocks. We check clarification and information rejection letters for you and support you in the formulation of target-oriented applicant/bidder questions or complaints, as well as in the initiation and implementation of review proceedings.
We are happy to train your employees in public procurement law and make them fit for effective participation in public procurement procedures, using case studies and taking into account current case law. We place particular emphasis on the following key areas in our training courses:
- Legal and strategic support throughout the entire procurement process
- Examination of the tender documents, including for procurement errors
- Bidder questions and complaints
- Advice on the optimal preparation of tenders in terms of public procurement law – especially with regard to current case law at all legal levels (EU, state and federal law)
- Accompanying or conducting contract negotiations
- Defence against contract blocking
Litigation representation of clients and contractors
We also support you in disputes and represent you in and out of court in the legal review of the procurement procedure. We represent contracting authorities and bidders in review and appeal proceedings before the public procurement tribunals, the public procurement senates of the higher regional courts, the civil and administrative courts, the EU Commission and the European courts (ECJ) as well as in claims for damages.
Talk to our lawyers now about your planned procurement procedures, who will be happy to support you in their successful and efficient implementation.
CONTACT PERSONS
Your team of advisors in Procurement law
Partners
+49 211 5375373-0 | +49 172 6509142 
alexander.boehme@snp.law 
Düsseldorf 
