Procurement law

We advise public and private principals from all of our offices on the legally secure conception and implementation of procurement processes. We develop the optimal procurement strategy for each project and ensure that the guidelines laid down by European and national law—including regional public procurement law—are upheld, as well as the requirements in the event of a public subsidy.

We support companies in the proper legal submission of applications and offerings and review procurement documents for possible infringements of procurement law.

We represent public principals as well as bidders in review and submission procedures before public procurement complaint boards, German courts and the European Court of Justice.

 

"Praising its uncomplicated and business-focused approach, one client describes the department as a 'very well-integrated team that always offers pragmatic suggestions,' and applauds its 'quick, commercial and solution-oriented way of working'." – Chambers Europe 2017

 

Law firm of the year for procurement law 2015; "The team impresses with its excellent reputation and its remarkable innovative strength." – JUVE Awards 2015

 

"Kapellmann impresses with ‘high reliability, strong negotiation skills, fast turnaround times, and high levels of technical knowledge’ and ‘is seen as the first choice for construction and public procurement law’." – Legal 500 Germany 2016

 

Leading law firm for procurement law – WirtschaftsWoche (26/05/2014)

Procurement of construction, supply and service provision for high-profile principals

One key area of our advice is the support of principals in the preparation and execution of complex procurement procedures of every kind. We provide principals with comprehensive guidance in every stage of the procurement process. This is particularly true for special procedures such as negotiations and competitive dialogues as well as the completion of framework agreements.

We create bespoke tender documents, including contract terms, according to the individual needs of the principal and provide documentation support for each step of the process.

Selected references:

  • Municipal IT service provider: support in the procurement of framework agreements on IT provision for a number of municipal associations
  • Advising on procurement of cleaning and waste disposal services, surveillance services, reception services, post, etc.
  • Advising on planning and construction procurement for municipal new build and redevelopment projects
Procurement in the utilities sector

We support utilities principals such as public utilities, energy producers, ports, airports and transport service providers on all questions of procurement and contract law. In so doing we identify scope for development in the utilities sector from a contract law perspective and design a procurement process that is legally secure and efficient.

Selected references:

  • Berlin-Brandenburg International Airport: support in various EU Utilities Directive procurement procedures and review procedures
  • Energy supply company: comprehensive advice on the construction of an offshore wind park
  • WSW mobil GmbH: procurement and contract law advice regarding the acquisition of new vehicles as well as a new operating system for the Wuppertaler Schwebebahn (suspension railway)
Publicly funded procurements

Beneficiaries of public funding are regularly subjected to complex procurement law provisions. Even years later, procurement law infringements may lead to serious subsidy reclamations. We advise public and private beneficiaries on the legally proper configuration and execution of procurements and ensure documentation is prepared according to regulations.

We further support beneficiaries in the reappraisal of procurement processes that have already been carried out and represent them in hearings with funding providers. Together with our colleagues in public law, we act in disputes against reclamations.

Procurement management / sustainable procurement

We also regularly take on the operative handling of procurements. In this event we become the contact point in the invitation to tender, we undertake the receipt, processing and appropriate response to questions from bidders, the compilation and distribution of tender documents, the receipt of offers and their opening as well as responsibility for proper documentation of the procedure including the drafting of the requisite award notices.

Sustainable procurement is of growing significance. We support public principals in all phases of the procurement process to ensure that they take into account environmental protection, energy efficiency and social criteria in accordance with the law.

Support in investor selection procedures / procurement of public service concessions

Apart from classic procurement law, we design competitive processes for principals, for example in the area of service concessions or the sale of properties and shares by public authorities. Here, too, a competitive, fair and transparent procedure guarantees the best outcome.

We help companies that wish to take part in such procedures to obtain a fair chance of award and where necessary to enforce this legally.

PFI / Privatisation

In this specialised field we have advised a number of significant clients, in particular in the area of planning, financing and operation of school and administrative construction as well as for short-haul passenger rail service. In our PFI competence team our knowledge is spread across many legal areas.

 

recommended for PFI projects – JUVE Handbook 2015/16


Selected references:

  • State capital Kiel: complete structuring and execution of PFI projects for the new build of three vocational training centres.
  • Haan: PFI procurement for a school complex/canteen
  • City of Neuss: advice on the construction and maintenance of a multi-functional school building (RomaNEum)
Procurement in the health sector

We advise principals, industry associations and companies in the health sector. This includes the purchase of medical products (capital goods and consumer goods) and services in the health sector as well as comprehensive advice on the new-building of hospitals and university clinics. Our expertise in the health sector is represented in a cross-disciplinary sector group that can advise clients on all relevant legal matters.

Selected references:

  • Statutory health insurance: support in various tendering procedures
  • Purchasing groups for municipal hospitals: comprehensive support in the purchase of hospital materials, rescue vehicles, etc.
  • Two top-level organisations: continuing advice in connection with, among other things, services for cost-benefit assessments

 

Lawyers 

Publications (in German)