IT Procurement Law

Contracting authorities must comply with certain rules when procuring and executing contracts for services, which fall generally under “Public Procurement Law”.  There are few areas of the law which experience a more dynamic development, as procurement law is subject to European law and the jurisprudence of the European Court of Justice, and to European and national antitrust, administrative and civil law.  The proper application of procurement law requires an understanding of all these related subjects.

Calls for bids for technology-based services often require relaxed terms, otherwise overly-restrictive requirements will weed out innovative bidders.  On the other hand, unduly open terms can lead to conflict with the procurement law principles of equal treatment and transparency.

We have great experience with tech-oriented procurement procedures.  As an example, Dr. Scheffelt represented international bidders in the tender for the truck toll collection scheme by the German Federal Government. We also successfully represented the contracting authority in the implementation of the procurement and appeal procedures during the BOS digital radio rollout in 2013-2014.

Our firm’s range of services include the legally rigorous design and implementation of procurement procedures for both public and private clients.  Our thematic focus is on providing the necessary planning and preparation to technical or IT specialists required in a tender offer.

We assist businesses and specialists in avoiding mistakes when applying for jobs.  We represent both contracting authorities and bidders before procurement tribunals and in court.

For our public clients engaged in IT tenders, not only do we assist in choosing the right procedure (VOL/A, VOB/A), but we provide expert advice in contract drafting.  Contracting authorities regularly use EVB-IT.  An understanding of the appropriate procedures and contractual terms is necessary, especially for bidders from the Americas, as differences in accounting rules may lead to particular difficulties.

Examples of our work:

  • Advising a project engineer for technical tunnel equipment
  • Client advice and representation with BOS digital radio
  • Advice to bidders on software tender