Chancellery Pilarski

Procurement law

Public procurement law regulates the award of public contracts by public clients. The procurement law contains a dichotomy in the procurement law in the upper-threshold area on the one hand and the lower-threshold area on the other. The division into two is based on the special drawing rights, which correspond to euro amounts for net order values. Public contracts in the above-threshold area only have to be awarded in a Europe-wide award procedure once these contract values ​​have been reached. In the subliminal area, the contracts only have to be awarded nationally.

In the subliminal area, public and restricted tenders as well as direct awards are carried out. In the area above the threshold, award procedures are carried out in the form of open, restricted procedures and negotiated procedures. The legal basis for the procurement procedures in the subliminal area are, among other things, the federal and state budget regulations, the Budget Principles Act, the state procurement laws, the administrative guidelines and the VOL/A (Section 1), VOB/A (Section 1).

In the area above the threshold, the legal bases include the VgV, the GWB, VOF, VOL/A (Section 2), VOB/A (Section 2). Both below and above the threshold values, the client can be confronted with legal protection options from the bidder. Above the threshold values, public procurement tribunals can be contacted. In addition, the immediate appeal to the higher regional courts, where the public procurement senates are located, is permissible. There is no special legal protection under public procurement law below the threshold values. However, the bidders can still assert general civil legal protection.

Public procurement law is basically about high amounts in dispute, so that the financial losses for the client, but also for bidders who are not awarded a contract, can be high!