Public procurement law

Lexton advises clients and bidders on all issues relating to public procurement law. One focus of our work is the conception, preparation, and implementation of both EU-wide and national competitive tendering procedures for public clients and their awarding offices.

Awards: The Legal 500 Deutschland 2020–2024,
The Legal 500 EMEA 2020–2024,
JUVE Handbuch Wirtschaftskanzleien 2023/2024, 2022/2023 und 2021/2022

In addition, we routinely advise bidding companies with regard to the proper preparation of tenders and communication with the contracting authority as well as in the preparation of complaints and in review proceedings. In addition to procedural consultancy, the drafting and support of contracts is a regular focus of our consultancy. We also organise training courses, workshops, and in-house seminars on public procurement law for our clients.

“Public procurement law is one of the main pillars at Lexton Rechtsanwälte. Our team has extensive expertise in this area. Founding partner and practice group head Peter Michael Probst, who is regarded as an outstanding specialist in public procurement law, specialises in the healthcare, hospital, and transport sectors”.
– Legal 500 Germany 2020 and The Legal 500 EMEA 2020

“When it comes to public procurement law, this is the firm to go with”.
– Legal 500 Germany 2022 and The Legal 500 EMEA 2022

“Peter Michael Probst and Fabian Winters work precisely and quickly without incurring unnecessary costs. After handing over the matter to these two highly qualified procurement law experts, you can be sure that it will be dealt with quickly and in a legally compliant manner”.
– Legal 500 Germany 2023 and The Legal 500 EMEA 2023

Procedure preparation

Proper preparation is essential for the success of a competitive tendering procedure. Errors in planning and preparation can lead to considerable delays, escalating costs, and even the failure of the entire competitive tendering process. We are happy to support you in this pioneering phase. This includes, in particular, the choice of the type of process, the proper determination of services, strategic considerations regarding the potential group of bidders, and the consideration of relevant interfaces in the subsequent provision of services as well as the creation of an evaluation matrix that meets the requirements. Insofar as requirements under subsidy law must be observed, these are taken into account during the preparation of the procedure.

Implementation of the proceedings

Lexton supports its clients in the implementation of procedures regardless of whether they are a public contracting authority, sector contracting entity, or bidder. This includes answering or asking questions of bidders or conducting negotiations insofar as this is permitted under public procurement law. Lexton also advises bidders with regard to the preparation of complaints to the responsible contracting authorities in the event of procurement violations. On the client side, Lexton supports its clients in the legal assessment and response to complaints received.

Contract phase

The provisions of public procurement law continue to apply even after the contract has been awarded. For example, in the event of a desired change to the order during the execution of the contract, it must be checked whether such a change is permissible or whether the service must be put out to tender again. Lexton therefore also supports clients and contractors in this phase and works towards legally compliant solutions.

Legal protection and legal disputes

In view of the complexity of public procurement law, legal disputes continually arise. For example, disputes about the proper implementation of a competitive tendering procedure are brought before the public procurement boards, the public procurement senates, and other review bodies (e.g. construction tendering and contract regulations (VOB) body in accordance with Section 21 VOB/A). The civil courts, in turn, deal with possible claims for damages in connection with breaches of public procurement law. In the event of a legal dispute, Lexton represents its clients before the public procurement review bodies and courts.

Compliance in public procurement law

The ever-increasing importance of compliance does not stop at public procurement law. In this context, Lexton advises public clients on the establishment of internal award guidelines and the creation of internal organisational structures in order to meet compliance requirements. However, Lexton also advises bidders if they have been found guilty of misconduct that could lead to exclusion from future competitive tendering procedures. Such exclusions can be counteracted at an early stage with timely self-cleaning measures.

Public procurement law

Procedure preparation

Implementation of the proceedings

Contract phase

Legal protection and legal disputes

Compliance in public procurement law

Contact Person

Peter Michael Probst, M.B.L.-HSG

Fabian Winters, LL.M.

Alexander-M. Weßling