Public Procurement Law
Transactions in the public sector are subject to a complex regulatory framework. Public procurement law often plays a key role when companies and states conclude contracts. Whether these are classic purchase contracts for capital or consumer goods or for comprehensive services for the public sector, the range of government demand is almost limitless. Public sector clients often occupy monopoly positions; in most cases they buy on a large scale and their purchasing conduct can have an immense influence on the development of entire industries.
We have known the ropes of this business for decades. Our experts represent and advise suppliers from industry and medium-sized businesses with foresight in their participations in procurement proceedings and in disputes with government agencies. Our procurement law practice is available to enterprises and entrepreneurs. Our particular strength lies in negotiations with government clients at home and abroad. Not only are we familiar with the procedures and practices in procurement proceedings; we are also well aware of the special interests on the company side. Public procurement law must serve distribution interests. It is not an end in itself, but it can nevertheless play a decisive role in the success or failure of a bid.
We provide comprehensive advice on public procurement matters both nationally and internationally. Together with our clients, we evaluate tender documents, identify legal opportunities and risks in the procurement proceedings, assist in the proper drafting of contracts and thus secure the economic advance performance of a bidder joining procurement proceedings. Where disputes are unavoidable, we soundly assert our clients’ legal positions before the courts and public procurement tribunals. We have procured numerous landmark decisions in public procurement law at both German and EU level.
Prof. Dr. Heiko Höfler
PartnerAttorneySpecialized Attorney for Public Procurement Law and International Business Law
Am Sandtorkai 74
T +49 40 808 105 143
M +49 170 7965 380
JUVE Handbuch Wirtschaftskanzleien, 2021/22Extensive industry knowledge in the defence and security sector.
WirtschaftsWoche, 2019Awarded as Top-lawfirm for Procurement law in Germany.
Who’s Who Legal, 2018Recommended practice for government contracts.
Foreign Trade / European State Aid Law / Antitrust Law and Merger Control / Mergers & Acquisitions / Public Procurement Law06.07.2022 Newsletter
Foreign subsidies: New screening procedure for M&A transactions and procurement processes
On 30 June 2022, the Council of the European Union and the EU Parliament agreed on the draft regulation proposed by the EU Commission on distortive foreign subsidies. Based on this agreement, the new regulation could already enter into force this year. Due to the introduction of a new mandatory screening mechanism, the regulation will have a considerable impact on transaction practice in M&A processes and in procurement procedures.
Public Procurement Law08.06.2022 Newsletter
Russia sanctions - what is still possible in public contracts?
For the first time since the start of the Russian war of aggression against Ukraine, the Sanctions Regulation (EU) 2022/576 has stipulated regulations for public procurement. The provisions are already in force and, from 11 October 2022 onwards, companies will have to ensure that there is no so-called connection with Russia also in their existing contracts. This also applies to the supply chain; otherwise there is a risk of the con-tract’s termination. In order to address this situation, public contracting authorities have recently started demanding so-called self-declarations, in which bidders are to declare that they have no connection with Russia.
European State Aid Law / Public Procurement Law22.02.2022 Newsletter
Last call: registration deadline for the Lobby Register ends
The Lobby Register has been live for more than seven weeks. About 800 registrations have been made since then. Have you registered? The registration deadline is 28 February 2022.