Global menu

Our global pages

Print Friendly and PDF

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