Procurement law

Would you like to utilise the full creative potential for your procurement project?
Do you wish to award a project directly to your municipal entity without public tendering?
Do you as a tenderer suspect to have not been correctly treated during a tender proceeding?

The public procurement sector bears various pitfalls for all participants. Through individual solutions PwC Legal helps public contractors and tenderers to avoid problems. Our clients either seek our advice on specific issues or utilise our comprehensive full-service package.

Our public procurement team comprising of more than 30 lawyers is available for you at eight offices across Germany. These experienced and extremely well-connected procurement law experts are highly familiar with the specific economic and political realities of your region and, depending on the mandate, can involve specialist lawyers for various procurement models, for example, for public private partnerships (PPP). You may also benefit from our good market reputation in advising and planning complex procurement proceedings, including various national and international PPP and infrastructure projects in the transport, information technology, energy, supply and waste management sectors.

Here’s how PwC Legal assists you

if you are a public contractor

Our lawyers

  • assist you in market research.
  • assess tender obligations and design procurement agreements outside of the procurement law.
  • design national and European procurement proceedings including the definition of appropriate selection and award criteria.
  • in cooperation with you elaborate contract and tender documents.
    draft public tender notices.
  • answer the questions of tenderers for you.
  • manage or accompany evaluations and assessments of tender applications and offers.
  • negotiate offers, for example, in negotiation procedures.
  • manage complaints filed by tenderers.
  • legally represent you in first instance review proceedings before the respective review body.
  • legally represent you in second or higher instance proceedings before the public procurement division of a Higher Regional Court and up to the European Court of Justice.
  • review existing internal procurement guidelines regarding their compliance with procurement law regulations (including specific Federal state regulations, if any) and elaborate respective policies.

View more

if you are a tenderer

We

  • strategically advise you, for example, on the potentials of various specific procurement models (e.g. public private partnerships).
  • strategically and contractually plan the formation of bidding consortia.
  • take over consultancy tasks, for example, regarding the design of procurement agreements outside of the procurement law.
  • review public tender notices and tender documents for any irregularities.
  • support you in the formulation of tenderer enquiries.
  • review and elaborate tendered contracts.
  • advise and guide you on drafting tender applications and offers.
  • review tender applications and offers for compliance with the tender specifications.
  • review, assess and adapt tendered agreements.
  • provide guidance during negotiations.
  • file complaints and represent you in review proceedings before national civil and administrative courts as well as before European courts.

View more

By the way: Our experts regularly publish articles and conduct presentations on current procurement law issues and on public private partnerships.

We would be pleased to assist you with all our capacities. We are looking forward to hearing from you.

Contacts

Dr. Friedrich Ludwig Hausmann

Procurement Law

Tel: +49 30 2636-3467