Procurement law

The new public procurement law entered into force on 18 April 2016. It includes, inter alia, a revision of Part 4 of the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). The Sub-threshold Regulation (Unterschwellenverordnung, UVgO) was adapted in the year 2017. These extensive changes gave a whole new relevance to public procurement. The pressure is on – contracting authorities are expected to make cleverer procurement decisions, to spend less money and to cooperate with each other in the procurement process in order to achieve sustainability. In many cases, this leads to an increased volume and importance of procurement. The contract awarding process often involves competitive dialogues, framework agreements or central purchasing agreements.

Continuous legal support is indispensable in order to effectively use the bidding procedure. Purchasers must comply with various rules and regulations in the procurement process. Suppliers wishing to effectively use business opportunities in bidding procedures need pragmatic and solution-oriented advice in order to maximise their chances of success in such procedures.

Experienced procurement lawyers

Eversheds Sutherland has a dedicated team in Germany and abroad of specialist public procurement lawyers supporting major projects in the area of procurement – both in non-contentious compliance matters and in legal disputes. It is a team which has consistently led the field in terms of innovative solutions to public procurement issues. What really sets us apart is that we provide commercial, balanced and strategic procurement legal solutions based on the impact of the current legislation and the application of the EU Directives and associated case law.

Our Europe-wide team has a wealth of experience in the areas of local government, construction, education, health, defence and transport. Lawyers with a broader background in the fields of governance and procurement add another dimension to this extensive experience.

Extensive experience in procurement law

We have a wealth of experience in the area of public procurement and support private bidders as well as contracting authorities in matters within the framework of bidding procedures, such as:

Advising and representing a leading security firm regarding the bidding procedure for security services for the Leipzig/Halle airport and for the Berlin airports (Tegel, Schönefeld, Berlin-Brandenburg)
Advising a subsidiary company of Tyco Intl. Ltd. regarding the bidding procedures for fire protection and security systems for several penitentiaries and museums
Advising and representing a private principal regarding the bidding procedure for the public transport network in Schleswig-Holstein
Advising and representing a bidder regarding the bidding procedure for the public transport network in Berlin.
Advising and representing a foreign public transport company in the bidding procedure for public railway services in Baden-Württemberg
Advising and representing a bidder for software and app solutions for a public transport company
Advising a construction company in the bidding procedure for a major traffic project in Stuttgart
Advising bidders in bidding procedures for services for the German Armed Forces
Advising a major German city regarding the insolvency of a bidder
Advising a major German city regarding the introduction of an e-bike rental system

Contact us

Carsten Eichler, Counsel

Rechtsanwalt, Fachanwalt für Bau- und Architektenrecht
+49 89 54565 264
E-mail Carsten Eichler

Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is a partnership with limited professional liability (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) under German law, with its registered seat in Munich, registered with the partnership register of the Munich District Court under PR 1947 and having its business address at Brienner Straße 12, 80333 München, Germany. Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is part of a global legal practice consisting of separate and distinct legal entities that operate under the name Eversheds Sutherland and provide legal or other services to clients around the world. Each Eversheds Sutherland entity is a separate legal entity and is not responsible for the acts or omissions of, nor can bind or obligate, another Eversheds Sutherland entity. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.