Regulation & public law
Public contracts require both a competitive offer and procedural discipline. We advise businesses on tender conditions, exclusion risks, clarification requests, award challenges and contract performance.
Scope of our advice
The applicable regime depends on the contracting body, type and estimated value of the contract. Utilities, defence procurement and concessions have distinct features. Below-threshold procurement requires attention to German federal and state rules.
What needs attention
Review tender documents early. Objections and review applications can be subject to strict time limits, and waiting for the award decision may be too late for some complaints.
From tender strategy to review and contract delivery
The procurement route depends on the buyer, subject matter, estimated value and applicable regime. Supply, service, works, utilities and concession projects can raise different questions, as can awards below EU thresholds. We review eligibility, selection criteria, specifications, award criteria and the draft contract as a connected package. Bidders should identify clarification needs early rather than assume that a commercial qualification added to the bid will be accepted without consequence.
How the legal work is organised
The legal timetable must fit the tender timetable. We assess the appropriate route for raising objections, the preservation of review rights and the consequences of waiting until an exclusion or award decision. Challenges require a specific factual and legal basis and do not replace careful bid preparation. For successful bidders and public purchasers, contract delivery raises variation, extension, subcontracting and termination issues. A proposed modification is considered both under the contract and under procurement law; agreement between the parties is not the only question.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
Restrictive specification
A tender appears tailored to one product. We examine the justification and prepare a timely challenge or clarification request.
Practical approach. A clarification or objection should identify the restriction and its practical effect on competition or bid preparation. Keep evidence of when the issue was recognised and how the purchaser responded.
Excluded bidder
A bidder is excluded for an incomplete declaration. We assess the defect, possible clarification and the available review route.
Practical approach. The analysis distinguishes a curable omission from a substantive change to the bid. The tender rules and equal-treatment requirements matter; not every missing document can be added after the deadline.
Concession project
An operator takes on demand risk for a public service. We analyse classification and the allocation of operating risk.
Practical approach. The financial model and allocation of demand or supply risk help explain the project’s classification. The label concession should not be accepted without examining how the arrangement operates economically.
Contract modification
The parties want substantial additional work after award. We assess whether the change is permissible or requires a new procurement procedure.
Practical approach. Compare the proposed change with the original scope, value and risk allocation. The contractual variation clause and the procurement-law permission need separate assessment before additional work is instructed.
Preparing the first discussion
Provide the full tender documents, clarification responses, proposed bid, award or exclusion communications and the precise deadline calendar. Identify the procurement portal and evidence of submission where relevant. For a concession, explain how operating risk and revenue are allocated. For a modification, supply the original award scope and the reasons the additional work became necessary.
Related expertise
Competition & merger control · State aid & subsidies · Permits & regulated businesses
Discuss your business matter
Tell us which parties and countries are involved, what you want to achieve and whether a deadline is approaching. We will clarify the scope, the appropriate legal team and the fee arrangements before work begins.
Reference: EU legislation and case law. English translations of German legislation may lag behind the authoritative German text. Application depends on the facts and the relevant current law.