Proper preparation for open invitations to tender is decisive to ensuring a successful process. Errors in planning and preparation can lead to significant delays, rampant rises in costs and even the failure of the entire invitation to tender. We are happy to support you through this pioneering phase. This particularly includes the selection of the procurement type (single-step or two-step procedure), the proper service determination, strategic considerations regarding the potential number of tenderers and taking into account relevant interfaces for later service provision as well as creating an evaluation matrix in keeping with requirements. If specifications related to subsidy law should be taken into account, these will be incorporated accordingly into the preparation for the invitation to tender.

Lexton supports its clients with invitations to tender, regardless of whether they are public contract awarders, sector-specific contract awarders or tenderers. This can include answering or posing tenderer questions, or carrying out negotiations to the extent permitted under procurement law. Lexton also advises tenderers in the event of determined breaches of provisions for invitations to tender regarding the preparation of complaints against the responsible contract awarders. Lexton also supports contract awarders with legal assessment and responding to submitted complaints.

Procurement law provisions also apply after a contract has been awarded. For example, a desired change to the contract may need to be reviewed during the contract’s execution to see if this type of change is permissible, or if another invitation to tender should be issued for the service. For this reason, Lexton also provides consulting during this phase to contract awarders as well as contractors, and develops corresponding legally watertight solutions.

Given the complexity of procurement law, legal disputes continually arise in this field. For example, disputes arise regarding the proper execution of open invitations to tender, and are brought before procurement supervisory committees, procurement senates and other review bodies (such as an office for Constructing Tendering and Contract Regulations (VOB) pursuant to Section 21 VOB/A). Meanwhile, possible claims to compensation for damages in connection with breaches of procurement law are negotiated in civil courts. If a legal dispute arises, Lexton represents its clients before the contracting review bodies and courts.

Compliance is becoming an increasingly important topic, a development that also affects procurement law. For this reason, Lexton advises public contract awarders on creating internal procurement guidelines as well as internal organisational structures in order to meet with compliance requirements. Lexton also advises tenderers when, for instance, they have committed misconduct that could or will lead to exclusion from future invitations to tender. Taking self-cleaning measures in a timely manner could work to prevent these types of exclusions from an early stage.