Public Procurement

Comprehensive Public Procurement Legal Services

Public Procurement

Our Public Procurement Law Legal Services

KP Partners provides crucial services at every stage of the procurement lifecycle, helping public authorities and private bidders navigate complex legal frameworks, prevent disputes, and ensure efficient, transparent processes.

Our expertise facilitates lawful government purchasing and helps protect public funds, encourage fair competition, and foster innovation in public service delivery.

Advising on Procurement Law Compliance

Knowledge of the regulatory framework: As public procurement lawyers, we at KP Partners are experts in local, national, and international procurement laws, such as the European Union Public Procurement Directives (in Europe), Act against Restraints of Competition (GWB) (in Germany), the Federal Acquisition Regulation (FAR) (in the US) and equivalent frameworks in other countries.

Ensuring compliance: KP Partners advises government agencies and private companies on how to comply with the applicable compliance laws, helping to avoid violations, irregularities, or non-compliant practices that could result in penalties, fines, or contract terminations.

Interpreting legal texts: KP Partners’ expertise accompanies its clients when interpreting complex laws, statutes, and guidelines to ensure the client’s understanding of the applicable rules for tendering, awarding, and performing contracts.

Tendering and Bidding Support

Drafting Tender Documents: The lawyers from KP Partners draft tender documents for public authorities, ensuring they are legally sound and meet all necessary requirements, such as technical specifications, evaluation criteria, and terms of reference.

Reviewing Bid Proposals: For our clients on the bidding side, KP Partners review bids and proposals, ensuring they meet the criteria set out in the tender documents and comply with procurement laws.

Risk Mitigation in documentation: KP Partners ensures that public procurement documentation avoids ambiguity or legal risk, reducing the likelihood of disputes during the bidding or contract execution process.

Innovation and IT Technology Procurement

KP Partners has extensive experience in specific industries, such as IT, defense, and construction, where procurement rules are particularly complex and require specialized knowledge.

As public procurement increasingly focuses on innovation and digital transformation, KP Partners strongly understands procurement frameworks for IT services, cybersecurity, and technological innovation.

Our expertise extends to advising both public authorities and private companies on the legal frameworks surrounding IT contracts, including the highly specialized EVB-IT contracts (Ergänzende Vertragsbedingungen für die Beschaffung von IT-Leistungen), which are standard contract templates used in German public procurement for IT services.

These EVB-IT contracts, which cover areas such as software development, cloud services, and IT maintenance, are crucial for ensuring legal certainty and uniformity in IT procurement processes.

KP Partners is well-versed in the nuances of these contracts, helping clients navigate the strict rules and ensuring compliance with both technical specifications and contractual obligations.

Our expertise covers the legal aspects of EVB-IT contracts and the operational requirements of IT projects. We provide comprehensive legal advice to ensure smooth and compliant procurement processes.

KP Partners’ bespoke advice on negotiating, drafting, and managing EVB-IT contracts helps clients mitigate risk and avoid disputes, particularly in highly sensitive public tenders involving critical IT infrastructure and services.

Training and Capacity Building

Training programs: KP Partners provides training to government agencies and companies to improve their understanding of public procurement rules, ethical requirements, and best practices, ensuring that clients are well-equipped to manage procurement processes themselves.

In addition, KP Partners lawyers provide tailored training for foreign companies entering the German market for the first time, helping team leaders and entire teams to adopt the appropriate bidding approach for the German public procurement market to be successful.

Capacity building in developing countries: The firm also offers expertise in developing countries, helping governments build the capacity to run transparent and efficient procurement systems in line with international best practices.

Commitment to Innovation and Sustainability

Green Procurement: KP Partners assists clients in aligning with sustainability goals by advising on green procurement and incorporating environmentally responsible practices into tender processes.

Driven by the idea of green procurement and sustainability in the processes, KP Partners is a partner of the Blavatnik School of Government at the University of Oxford as part of the Net Zero Policy Monitor Network.

As a contributor to the Oxford Net Zero Policy Monitor, our attorneys provided an essential overview of the sustainability aspects of public procurement in Germany.

The results of the 2024 survey are intended to support the United Nations Secretary General’s Task Force on Net Zero Policy among United Nations Member States.

Innovation-Driven Procurement: The firm is an ally to public sector clients in introducing innovative technologies and solutions through procurement, ensuring that the tendering process encourages innovation while remaining compliant.

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Vergaberecht - KP Partners

Why KP Partners for Public Procurement Law?

1. Expertise

Our team has deep expertise in public procurement law, ensuring precise and effective legal support.

2. Experience

With many cases and years of experience, we understand the complexities unique to various industries and the intricacies of German public procurement law.

3. Tailored legal solutions

We provide tailored legal solutions for bidders’ unique needs and challenges.

4. Detail-oriented

Our detail-oriented approach leaves every aspect of your case to be noticed.

5. Up to date

With a constant presence at conferences on developing public procurement regulations, we stay current with evolving procurement laws and provide our clients with cutting-edge legal guidance.

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Contributions

Climate Policy Monitor

Partner Law Firm for Public Procurement Law to the Oxford Net Zero Climate Policy Monitor

Partner Law Firm for Public Procurement Law to Legal500

Case Studies and Success Stories

Success Story

Defending Contractor Rights in a High-Profile Public Contract

During a high-profile public contract, a contractor faced a severe challenge when the awarding public authority withheld multiple milestone payments, citing alleged failures to meet certain contractual obligations. Under significant pressure, the contractor sought the expertise of attorney-at-law Paolina Ilieva.

Paolina Ilieva meticulously reviewed the entire statement of work, identifying that the obligations the authority claimed were breached had never been agreed upon with binding effect.

Armed with this insight, she initiated a strategic dialogue with the authority, supported by a detailed demand letter outlining the legal rationale.

The result? The public authority not only released the withheld payments but also apologized to the contractor, preserving the client relationship and ensuring the smooth continuation of the project.

Paolina’s precise legal work and proactive approach secured her client’s rights, turning a potentially damaging conflict into a successful resolution.

Success Story

Empowering a foreign entrepreneur to enter the German procurement market

A foreign entrepreneur wishing to enter the highly competitive German public procurement market partnered with KP Partners to embark on this new journey.

Our team provided comprehensive support, starting with training the client’s sales team on the basics of public procurement in Germany. We showed them how to navigate the complex procedures and ensured they understood how to prepare fully compliant bids.

In addition, KP Partners meticulously reviewed the contractual terms of the bid and provided a thorough risk assessment to protect the client’s interests.

Armed with this expertise, the client quickly gained a competitive advantage and successfully won public tenders ahead of established German competitors. KP Partners’ strategic legal training, advice, and practical support enabled the client to develop a strong foothold in the market.

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    Understanding Public Procurement Law (FAQ)

    What is Public Procurement?

    Public procurement law regulates the procedures and conditions under which public contracting authorities, such as state institutions, municipalities, or other public organizations, award contracts for goods, services, or works to companies.

    The aim is to ensure transparency, fair competition, equal opportunities, and the most economical and efficient use of public funds.

    Both national and European legislation governs the public procurement law in Germany.

    What is the regulatory framework for public procurement in Germany?

    Various national and European laws and regulations apply to public procurement law in Germany. The most important regulations are:

    • Act against Restraints of Competition (GWB) – regulates the principles of the award procedure.
    • Public Procurement Ordinance (VgV) – contains regulations for awarding public contracts above the EU thresholds.
    • Sectors Ordinance (SektVO) – regulates the awarding of contracts in drinking water supply, energy, and transport.
    • Ordinance on the Award of Public Contracts in the Defence and Security Sector (VSVgV).
    • Procurement and Contract Regulations for Construction Services (VOB/A) – concerns the awarding of construction services.
    • Procurement and Contract Regulations for Services (VOL/A) – concerns awarding contracts for supplies and services.
    • Concession Award Ordinance (KonzVgV) – regulates the award of service concessions.
    • Sub-Threshold Procurement Regulations (UVgO) – for contracts below the EU thresholds.
    • EU directives (e.g., Directive 2014/24/EU) – determine the rules for public procurement at the European level.

    These laws form the framework for proper and transparent procurement procedures.

    What types of tendering procedures are there in Germany?

    Different types of tender procedures are used in the public procurement process in Germany, depending on the type of contract, the value, and the area of the contract. The main types of tender are:

    • Open procedure: Any interested bidder can submit a bid. This is the most common and transparent procedure.
    • Restricted procedure: Only selected bidders are invited to submit a bid following an invitation to participate. There is no general publicity, but there must be competition.
    • Negotiated procedure: After submitting the bid, the contracting authority negotiates the terms and conditions with selected bidders. This procedure is used when standardized solutions are not possible.
    • Competitive dialogue: For particularly complex projects, the contracting authority enters into a dialogue with the bidders to develop the best solution. Bids are submitted only after the dialogue.
    • Innovation partnership: This type of tender is used to develop innovative products or services that still need to be created on the market. The contracting authority works with one or more companies to build and later procure the innovation.
    • Direct award: The contract is awarded directly to one or more bidders without a formal procedure. This method is used for low-value contracts or special cases (e.g., urgency).
    • Restricted tender without competition: The contracting authority invites only certain companies to submit bids without organizing a public competition.
    • Restricted tender with call for competition: Interested companies must first qualify for the invitation to tender before they can submit a bid.

    Depending on the contract’s specific requirements, these different types of tendering procedures allow for flexible and legally compliant procurement.

    Are any compliance or ethical requirements being considered in the assessment of the public bids?

    The relevant requirements of public procurement law must be complied with in a procurement procedure. However, a company can also be excluded from a procurement procedure if it is accused of breaching compliance rules, even if they are not directly related to the procedure.

    According to Sections 123 and 124 of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB), such violations may include fraud, bribery, or money laundering, as well as violations of environmental, social, or labor laws.

    As a result, only reliable and law-abiding companies are allowed to participate in the tendering process and are considered for the contract. To avoid exclusion, companies should carefully review their compliance management. Ensuring that all relevant laws, internal policies, and instructions are known to employees and consistently followed is important.

    Ethics play a central role in the public procurement process to ensure integrity, fairness, and transparency. Contracting authorities are responsible for efficiently using taxpayers’ money while ensuring equal opportunities for all bidders. Corruption, bribery, or unfair agreements are clear breaches of ethical principles and undermine trust in government. In addition, ethical aspects such as sustainability, social responsibility, and fair competition are considered in the awarding process.