Public Procurement: Being awarded a contract for public works and for the purchase of goods and services in accordance with the principles underlying the Treaties of the European Union is not always easy for smaller and medium-sized companies (SME).
The commercial success of a Company client starts with a research into project opportunities: Any information relating to public procurement in the EU is published in the Official Journal:
Once a company has selected an opportunity for tendering, Edificia are keen to assist in preparing for, and winning EU-contracts. The legal services comprise e.g.:
Whilst the public procurement rules may seem daunting in their detail, a Failing Tenderer is not without some clout. Tenderers may wish to better understand the tender process and their respective rights. If in doubt, it is best to seek legal advice. EDIFICIA Lawyers provide clients with legal advice in any such Tender Procedure. With the assistance of a legal expert a professional scrutiny of the Tendering Process may provide a clearer picture as to whether the key principles were or are being complied with by the Public Contractor:
EU Public procurement law regulates the tendering and purchasing process of the public sector be it the Central Government, Regional States, Municipalities, or Local Authorities, or be it – usually state owned or controlled – utility sector companies, such as e.g. the Federal Railway Company, a university or a housing association (‘Public Contractors’) regarding contracts for the supply of goods, or providing works and services. The main legal framework of Public Procurement is set out in Regulation 2004/18/ EC. It has been frequently modified in subsequent years, latest in the Directive 2014/23/EU: Concessions, Directive 2014/24/EU: Public Sector Simplification, Directive 2014/25/EU: Utilities
EU Procurement law is intended to open up the public procurement market of any EU-Member State to European-wide competition, and to promote the free movement of goods and services within the EU. It seeks to overcome any direct or indirect “buy national” policies. The mentioned Regulation was adopted by Germany in 2004.
A Tender Authority in Germany (German Public Contractor) must normally advertise the contract in the EU’s Official Journal and follow the procedural rules set down in the Regulations if the following general conditions are met: