Lohmanns Lankes & Partner » Focus Area » Commercial

Public procurement law

Bidder support at the highest level

A specialized and well-coordinated team of experienced experts in German public procurement law at LLP Law|Patent attaches great importance to the highest quality and comprehensive support in time-critical public procurement projects. Bidding in public tenders in Germany requires a clear business strategy and careful legal advice. Mistakes in the process can have serious consequences, from disqualification to legal sanctions. We advise bidders in order to lead them to successful award in a targeted and efficient manner. Our activities include the strategic and tactical alignment of bids, screening the tender requirement documents for errors, formulating and evaluating bidder questions and complaints, accompanying or conducting contract negotiations and preparing bids in a way that is optimized under public procurement law. Procurement procedures often involve not only main contractors but also various subcontractors. The relationships between these companies are crucial to the success of the award and the project and require clear and legally sound “back-to-back” agreements. Our specialists provide support in drafting contracts in preparation of the procurement process (e.g. teaming agreements) and for the procurement project itself, which meet both the needs of the project and the procurement requirements.

Expertise in EVB-IT contracts

One of LLP Law|Patent’s special areas of expertise is the representation of clients from SMEs and industry in complex public IT procurement and IT outsourcing projects. In this context, we can refer to our lawyers’ decades of experience in major projects. We are very familiar with all EVB-IT contract types and the corresponding EVB-IT general terms and conditions and support bidders based outside Germany in particular in dealing correctly with the complex EVB-IT clauses. In the area of IT procurement and IT outsourcing by public clients, data protection and information security issues play a central role in addition to contractual issues. LLP Law|Patent also has a high level of expertise in these areas in order to provide outsourced services “compliant” – safe from attacks by competitors and complaints by supervisory authorities.

Bidder support for concession awards

Public bodies also cover their requirements for services by awarding concessions. Like the award of public contracts, this type of award is subject to legal rules. These serve to make the award processes transparent and to open up non-discriminatory competition for the award of concessions. Since concessions often involve long-term agreements in which the bidding company bears the sole exploitation risks, relevant knowledge is required for optimal advice. LLP Law|Patent also has many years of experience in this less frequently used procedure.