Procurement law and public tendering

Legislation and case law in the area of procurement law are in a constant state of change. As a result, the constant monitoring of procurement law by those involved is essential for procurement activities in the public sector. Rödl & Partner offers highly specialised and practical consulting solutions for public sector clients and contractors. We have the necessary scientific and practical expertise for the procurement process and public tendering of construction projects, products and services.

Consulting for procurement law: from invitation to tender to award of the tender

We support you with the legally-compliant preparation of tendering documents and processing of the European and German procurement procedures according to the German procedures for the award of contracts for construction services, for public supplies and services and for professional services, ordinance on the awarding of contracts, public tender regulations for defence and security and other competitive and structured procurement procedures (e.g. EU directives 1370/2007, service concessions). We will support you with the preparation of internal procurement directives and manuals for public procurement, including samples of texts for the invitation of tender. We will help you improve your chances to successfully acquire public procurement contracts through legally compliant behaviour.

Our consulting services for public clients subject to procurement law:

Legal assessment of a procurement procedure (e.g. in-house tendering, intra-group exemption)
Expert opinions on questions and issues relating to procurement law
Preparation and adjustment of tendering texts such as tender documents/contract documents, tender publication, etc.
Support for the analysis of tenders and requests to participate
Comprehensive assistance with contract negotiations and clarification discussions
Processing of relevant information and procedural irregularities
Preparation of letters notifying a lack of action
Monitoring of order execution
In-house seminars
Preparation of internal procurement guidelines and manuals for public procurement, including samples of invitations to tender, and others

Our services for bidders, tenderers and contractors subject to procurement law:

Consulting and assistance for the acquisition of public procurement orders
Examination of participation requests and offers for conformity with the invitations to tender
Assistance with negotiations and clarification discussions with the contracting authority
Preparation of irregularity claims and requests for information
Support with set-up of compliance structures
In-house seminars, etc.

Forensic consulting for procurement law: from the complaint to the ruling

We are at your side during the review procedures before the procurement chambers and senates. We enforce or defend civil claims, e.g. for damages, for you.

Our services for forensic consulting in the area of procurement law:

Legal representation before the procurement chambers and senates or before the ordinary courts
Expert opinions on prospects of success of review procedures
Preparation of pleadings (e.g. law suits, statement of defence) in the court of first and second instance

Public Private Partnership (PPP)

As a special form of procurement we realise public private partnership projects together with you through interdisciplinary cooperation.

Our services for public private partnerships include:

Preparation of public private partnership feasibility studies and project definition
Clarification of the regulatory framework (e.g. subsidy law, municipal law, employment law, procurement law)
Economic efficiency forecasts (public sector comparator), estimation of the financing and transaction costs (forfeiting, municipal loans, etc.)
Definition of suitability public private partnership models (owner, acquirer, concession and operator models, etc.)
Support for preparation of tenders (if necessary, preparation of tender texts) and execution (competitive dialogue procedure, negotiation proceedings, etc.)
Contract conclusion and monitoring (service level agreements, etc.)