Requesting a review of an award procedure for a public contract

If you believe there has been a breach of the law in the award of a public contract by the federal government, you can apply for a review procedure.

If your company takes part in an award procedure for a public contract and is not awarded the contract, you can apply for a review procedure.

This is possible if

• you believe there has been a breach of public procurement law or
• you were unable to submit a bid due to an award error.

The public contract must be attributable to the federal government.

Typical cases in which companies apply for a review procedure are, for example

- The applicants are convinced that they have submitted the most economically advantageous tender.

- The applicants demonstrate that the company that is awarded the contract cannot perform it properly.

- The applicants prove that the contract was not properly put out to tender.

Public procurement law ensures that public contracts are awarded in a transparent, non-discriminatory and competitive procedure. The review procedure is a form of legal protection in the award of public contracts.

• Copies of the tender documents proving your statements
• Description of the breach of procurement law and the damage caused
• Copy of the letter of reprimand and the statement of the awarding authority
• Copy of the preliminary information letter from the awarding authority in accordance with the information obligation in the Act against Restraints of Competition (GWB)
• Proof of payment of the advance payment or written assurance of payment of the advance payment

• The contract has not yet been awarded or has been awarded without the necessary award procedure having been carried out.
• The contract value reaches the threshold value set by the European Union (EU) for EU-wide procurement procedures. This is stated in the Federal Gazette.
• The awarding authority is a contracting authority and the contract is attributable to the federal government.
• You can demonstrate that
  • your company has an interest in the contract,
  • your rights have been violated by non-compliance with the procurement regulations and
  • your company is threatened with or has already suffered damage as a result of non-compliance with procurement regulations.
• if your company is domiciled or headquartered abroad: authorized recipient in Germany

Complaint

• You can apply to initiate a review procedure online, in writing by post, by fax or by e-mail with a qualified electronic signature.

If you would like to submit the application online:

• Go to the federal portal. This will guide you through the application step by step.
• Upload the required documents.
• Submit the application.
• The Federal Public Procurement Tribunals will review your application.
• Unless your application is deemed to be manifestly unfounded and inadmissible, the Federal Public Procurement Tribunals will inform the contracting authority. The contracting authority may not award the contract until the decision of the public procurement tribunals.
• The awarding chambers will decide on your application and inform you in writing of the decision and the reasons for it.

If you wish to submit the application in writing:

• Apply for the review in an informal letter. Specify in particular
  • which breaches of public procurement law you accuse the contracting authority of and
  • to what extent the breaches of public procurement law would be detrimental to you and
  • whether you have reprimanded the contracting authority.
• Send your application signed and with the necessary documents to the Federal Public Procurement Tribunals.
• The Federal Public Procurement Tribunals will examine your application.
• If your application is not deemed to be manifestly unfounded and inadmissible, the procurement chambers will inform the contracting authority. The contracting authority may not award the contract until the decision of the public procurement tribunals.
• The awarding chambers will decide on your application and inform you in writing of the decision and the reasons for it.

If you wish to submit the application by e-mail with a qualified electronic signature:

• Apply for the review in an informal e-mail. Specify in particular
  • which breaches of public procurement law you accuse the contracting authority of and
  • to what extent the breaches of public procurement law would be detrimental to you and
  • whether you have reprimanded the contracting authority.
• Send your application signed and with the required documents by encrypted e-mail to the Federal Public Procurement Tribunals
• Note: The Bundeskartellamt supports the encryption methods S/MIME and GnuPG. The public keys and information on sending encrypted e-mails can be found on the Bundeskartellamt's website.
• The Federal Procurement Chambers will examine your application.
• Unless your application is deemed to be manifestly unfounded and inadmissible, the awarding chambers will inform the contracting authority. The contracting authority may not award the contract until the decision of the public procurement chambers.

The awarding chambers will decide on your application and inform you in writing of the decision and the reasons for it.

(for further information on the deadline): If you already recognize a breach of procurement law in the contract notice or in the tender documents, you must submit your complaint to the contracting authority within the tender deadline. Once you have submitted your complaint, you can immediately apply to initiate the review procedure.

The minimum fee for a review procedure is EUR 2,500. You pay this amount in advance when you submit your application. You will receive the sum back if the appeal to the Federal Public Procurement Tribunal is successful.: Administrative fine from 2.500,00 EUR

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