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Award of public contracts and concessions; application for review of an EU-wide procurement procedure

The public procurement tribunals decide in the first instance on formal requests for review by bidders or candidates.

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Procedure details

The Public Procurement Chambers of Northern and Southern Bavaria examine award procedures of contracting authorities pursuant to Section 99, sector contracting authorities pursuant to Section 100 and concession awarding authorities pursuant to Section 101 of the Act against Restraints of Competition (GWB), which have their registered office in Bavaria, unless the Federal Public Procurement Chambers are responsible.

The Southern Bavarian Public Procurement Chamber is also responsible for awards

  • the German Research Institute for Food Chemistry, Garching near Munich
  • the German Museum in Munich
  • the Ifo Institute for Economic Research, Munich
  • the Institute for Contemporary History Munich
  • the Max Planck Society Munich

The Public Procurement Chamber of Northern Bavaria is also responsible for the awards of the Germanisches Nationalmuseum, Nuremberg.

The award procedure for public contracts and concessions as well as the organization of competitions whose estimated order or contract value excluding VAT reaches or exceeds the specified thresholds can be reviewed (Section 106 GWB, Section 3 VgV).

The procurement chamber only initiates a review procedure upon application. Any company that has an interest in the public contract or concession and asserts an infringement of its rights due to non-compliance with procurement regulations is entitled to submit an application. The applicant must demonstrate that it has suffered or is at risk of suffering damage as a result of the alleged breach of the procurement regulations.

An applicant for review proceedings can only be an economic operator who has an interest in the public contract or concession and is claiming an infringement of their rights due to non-compliance with the procurement regulations. In accordance with Section 160 GWB, the admissibility of an application for review is generally subject to the applicant having previously notified the awarding authority of the relevant breach of contract award rules.

The economic operator must demonstrate that it has suffered or is at risk of suffering damage as a result of the alleged breach of the procurement regulations.

This only applies to contracts and concessions whose estimated contract value or total contract value reaches or exceeds the respective EU threshold.

  • Notice in the EU Official Journal - if available
    (necessary to establish jurisdiction)
  • Rejection letter according to § 134 GWB - if available
    (helpful in determining urgency).
  • Proof of the complaint - unless exceptionally dispensable
    (usually a prerequisite for a decision on the merits)

Applications for a review of award procedures must be submitted to the competent public procurement chamber (if the contracting authority is based in the administrative district of Upper Bavaria, Lower Bavaria or Swabia, then the Southern Bavaria public procurement chamber is responsible; for the administrative districts of Middle, Upper and Lower Franconia and Upper Palatinate, the Northern Bavaria public procurement chamber is responsible).

The application must be submitted in writing and must be substantiated immediately. It should contain a specific request.

Submission by fax is possible. Submission by e-mail is not permitted.

The grounds for the application must include the name of the defendant, a description of the alleged infringement with a description of the facts of the case and the name of the available evidence, as well as stating that the complaint has been made to the client; it should name the other parties involved, if known.

An applicant without domicile or habitual residence, registered office or management in the Federal Republic of Germany must name an authorized recipient within the Federal Republic of Germany.

Costs are charged for the review procedure before the procurement chamber in accordance with the Administrative Costs Act. The fees and expenses of the procurement chamber as well as the legal fees of the successful parties must be borne by the party that loses the proceedings. The fee is generally between 2,500 euros and 50,000 euros. In individual cases, the fee can be reduced to one tenth or increased to EUR 100,000 (Section 182 ARC). In accordance with Section 16 of the Administrative Costs Act, an advance on costs is charged in the amount of the statutory minimum fee of EUR 2,500.

  • Violations of procurement regulations that the applicant has identified before submitting the application for review must be reported to the contracting authority within a period of ten calendar days (Section 160 (3) sentence 1 no. 1 GWB).
  • Violations of procurement regulations that are recognizable on the basis of the contract notice must be reported by the expiry of the tender deadline/application deadline (Section 160 (3) sentence 1 no. 2 GWB).
  • Violations of procurement regulations that are recognizable on the basis of the award documents (application conditions/contract documents) must be reported by the end of the tender/application period (Section 160 (3) sentence 1 no. 3 GWB).
  • An application for review is inadmissible if more than 15 calendar days have passed since receipt of the notification from the contracting authority that it does not intend to remedy a complaint (Section 160 (3) sentence 1 no. 4 GWB).

The awarding chamber shall make its decision and state its reasons in writing within a period of five weeks from receipt of the application. This deadline may be extended by the awarding chamber.

Contracting authorities must expect extensions of the above-mentioned deadline.

Due to its court-like mode of operation, the procurement chamber may not provide advice or legal information outside of a review procedure.

For the review of invitations to tender and the awarding of construction services in accordance with VOB/A below the EU threshold value

  • State building authorities (state measures with measures of the palace and lake administration),
  • the water management authorities,
  • all municipal contracting authorities, with the exception of the districts,
  • the social insurance institutions, their associations and the health insurance (dental) associations
  • as well as private contracting authorities, insofar as compliance with the procurement regulations was imposed on them in the grant award notice and the VOB office is specified as the reviewing body in the notice,

and for advice both above and below the EU thresholds, there are VOB offices at all seven governments.

The VOB offices also advise the above-mentioned contracting authorities on issues relating to the tendering and awarding of services in accordance with UVgO below and in accordance with GWB, VgV, SektVO and KonzVgV once the EU threshold has been reached, including the awarding of architectural and engineering services in accordance with VgV, RPW and HOAI.

An immediate appeal (Section 171 GWB) against the decision of the Procurement Chamber may be lodged in writing with the Bavarian Higher Regional Court, Cartel and Procurement Senate in Munich within an emergency period of two weeks (Section 172 GWB), which begins with the notification of the decision.

The immediate appeal must be substantiated at the same time as it is lodged. The grounds of appeal must include

  1. A statement of the extent to which the decision of the procurement chamber is contested and a different decision is requested,
  2. a statement of the facts and evidence on which the appeal is based.

The notice of appeal must be signed by a lawyer admitted to practice before a German court. This does not apply to appeals by legal entities under public law.

When the appeal is lodged, the other parties to the proceedings before the procurement board must be informed by the appellant by sending a copy of the notice of appeal.

Status: 16.05.2025
Editorial responsibility Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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