Public procurement in Germany
The procurement team at Bird & Bird is active on both the contracting and bidding sides and has a wealth of expertise in a wide range of sectors, including IT, healthcare, transport, energy and construction. The 15-strong team acts on issues relating to contract law, regulations, financing and various proceedings. Highlights in 2018 included advising a leading software manufacturer on the contractual and procurement law aspects of several IT contracts, and assisting a statutory health insurance fund with tendering procedures in the field of medical aids as well as with litigation before social welfare courts and review bodies. Alexander Csaki led the advice to an international defence sector company on an award review procedure concerning the procurement of technical equipment for the German armed forces. Jan Byok leads the group, which also includes the very active René Voigtländer and Guido Bormann. Hermann Rothfuchs joined the partnership in 2017. Heiko Höfler left for Oppenhoff & Partner in March 2018.
Heuking Kühn Lüer Wojtek
Clients of Heuking Kühn Lüer Wojtek PartGmbB’s public procurement practice feel ‘in good hands all around’ and benefit from ‘innovative solutions, creative ideas and fast and competent advice’. The team is led by the highly respected Ute Jasper, who can ‘develop creative and at the same time legally compliant solutions even in difficult and complex proceedings’. It is regularly involved in major projects at federal, state and municipal level and is active for both clients and bidders, with a focus on advising the public sector. Among recent highlights is the assistance granted to Eswe Verkehrsgesellschaft with the public procurement aspects of the construction of the new city railway between Wiesbaden and Mainz as well as the procurement of 221 electric buses. Other transport sector highlights include advising the Ministry of Transport in Baden-Württemberg on the tender for the expansion of the upgrade of the federal motorway 8 as well as assisting the Rhine-Ruhr transport association with the reorganisation and tendering of ticket sales. The group is also active in the energy, construction and IT sectors. In addition to Jasper, the core team also includes Ulf Christiani in Cologne and Laurence Westen in Düsseldorf; Susanne Christine Monsig made salary partner at the beginning of 2018 and Matthias Kühn made equity partner.
Allen & Overy LLP
Allen & Overy LLP’s public procurement team has in-depth expertise in infrastructure and construction matters and is also experienced in the transport, health, energy and defence sectors. Under the leadership of practice head Olaf Otting, the firm recently advised the city of Rüsselsheim on the selection of a trustee for the development of a building land project and successfully represented the client in a review procedure. Other highlights include advising the district of Göppingen on the local public transport plan and the direct award of contracts in the public transport sector, as well as assisting long-term client the city of Hanau with the acquisition of a conversion site and the implementation of a related Europe-wide tender procedure. In addition to acting for public clients, the seven-strong team also has significant experience advising bidders. Counsel Udo Herbert Olgemöller is another key figure and is particularly active handling matters touching upon administrative and environmental law.
The two-partner procurement practice at Baker McKenzie focuses on advising bidders and is particularly active in the fields of health, defence, construction, infrastructure, IT and transport. Practice head Marc Gabriel advises a US manufacturer of biotechnological pharmaceuticals on public procurement issues relating to its entry into European tender markets for biosimilars, which is coordinated centrally from the Berlin office. The group also assisted a Germany-based company from the defence sector with procurement law matters and with the coordination of worldwide sales activities in 45 countries. The client base also includes Berlin-Brandenburg airport and Novartis. Susanne Mertens is another key figure in the practice group, which also includes associate Andreas Schulz. Counsel Katharina Weiner is the main contact in Düsseldorf.
Under the leadership of Christian Scherer-Leydecker and Ursula Steinkemper, the procurement team at CMS advises both contracting authorities and bidders from a variety of industries including infrastructure, healthcare, construction, defence and IT. Recent highlights include advising the city of Frankfurt am Main on the selection of investors for the construction and operation of a multipurpose hall as well as on the successful preparation and implementation of a concession award for the city’s advertising rights; Jakob Steiff led both instructions, while Volkmar Wagner assisted Deutsche Lufthansa with procurement law matters. Another highlight was acting for GE Healthcare Buchler on procurement law and the contentious aspects of a procurement procedure for several health insurance funds in Brandenburg concerning contrast media. Munich-based Stefan Höß specialises in construction and IT procurement and Berlin-based Matthias Kuß advises on matters concerning construction procurement and real estate law. Hermann Müller and Thorsten Schätzlein are also part of the practice group.
Traditionally strong in the health sector, Gleiss Lutz’s team is also increasingly active in the fields of technology, transport, infrastructure and defence. Andreas Neun heads the eleven-strong practice, which acts for bidders and contracting authorities. Stuttgart-based Marco König advised AOK Baden-Württemberg on the tender and contract design of a care model in diabetes care, while the group also acted for AOK Sachsen-Anhalt in a review procedure regarding economic efficiency criteria in tenders for aids. Other work includes assisting Daimler with internal reviews concerning the truck cartel. The client portfolio also includes gkv informatik, Atlas Elektronik and Archimedes Facility-Management. Counsel Christiane Freytag is another key figure.
Kapellmann und Partner
Kapellmann und Partner has ‘sound legal knowledge, a very high level of experience and in-depth knowledge of the industry’, which it uses to assist with award, review and submission procedures. It focuses on representing public and private clients in the construction, supply and service sectors as well as in the health sector. Recent highlights include advising the the fiscal administration of North Rhine-Westphalia’s computer centre on the procurement and contract law aspects of the construction of a new administrative headquarters. In another highlight, it assisted SBEV Projektbaugesellschaft with public procurement law issues relating to the Europaviertel light-rail project. Mathias Finke, who stands out for his ‘factual and tactical brilliance’, assisted state capital Munich with the negotiation procedure for the award of the new building of the Munich Volkstheater. Hendrik Röwekamp heads the practice group, which also includes Alexander Fandrey and Tobias Schneider.
Leinemann & Partner
Leinemann & Partner advises contracting authorities and bidders on award and review procedures and positions itself in the public transport, construction, health, IT and security sectors. Berlin-based senior partner Ralf Leinemann, together with Oliver Homann in Cologne, represented A1 Mobil in a dispute before the Hanover Regional Court regarding the adjustment of the motorway operator project A1 Hamburg-Bremen’s contractual remuneration. Another notable instruction was assisting Sonntag Baugesellschaft with the repair and modernisation of the Beethovenhalle, which was put out to tender by the city of Bonn. The group also successfully represented the Vinci/Strabag bidding consortium in a review procedure regarding the PPP V model for the operation and expansion of the A3 between the motorway intersections Biebelried and Fürth/Erlangen. In another highlight, the team in Berlin assisted the Tempelhof project with public procurement law issues. Berlin-based Thomas Kirch is also noted.
Bonn-based Boesen Rechtsanwälte’s procurement practice handles national and international procurement procedures and has significant expertise in the areas of IT, construction and services. The team, which is led by Arnold Boesen, advises both bidders and contracting authorities on the applicability of public procurement law and the design and participation in proceedings. Another core competence is representation in review proceedings. Other key figures in the practice are Martin Upleger, Christian Goeres, Alexander Eising and Björn Quast.
The public procurement law expertise of the Cologne-based practice at CBH Rechtsanwälte Cornelius, Bartenbach, Haesemann & Partner extends to advising public sector institutions on invitations to tender, representation and defence in review proceedings and the development of bidder strategies and cooperations. It has a core focus on the areas of private construction, services, health and armaments. Stefan Hertwig and Andreas Haupt are the central contact persons.
Dentons’ public procurement practice is based in Berlin and Frankfurt and acts for both bidders and contracting authorities on national and international public procurements. Due to its global network, the group is often involved in cross-border instructions. The focus is on the healthcare, life sciences, IT and defence sectors. The team is led by the ‘outstanding, practical and reliable’ Peter Braun and the ‘creative’ Wolfram Krohn, who ‘always finds an adequate, feasible and legally compliant solution even for the most difficult public procurement situations’. A recent highlight was assisting an international postal service provider with a series of award and review procedures. In other work, it is advising a member of a consortium of bidders in the Toll Collect proceedings. The Federal Ministry of the Interior, Building and Home Affairs, the Alba Group and Wisag are also part of the client portfolio. Procurement speciailist Andreas Haak joined firm’s newly opened Düsseldorf office from Taylor Wessing.
GÖRG Partnerschaft von Rechtsanwälten mbB
The ‘technically outstanding, prompt and uncomplicated’ team at Görg Partnerschaft von Rechtsanwälten mbB focuses on advising contracting authorities in public procurement law and stands out for its ‘excellent knowledge of the industry’ and a broad range of services; the Frankfurt office primarily advises on service and construction contracts, while the Berlin office is particularly active in the energy sector. In a recent highlight, Hamburg-based Jan Peter Scharf is advising the Hamburger Landesbetriebs Immobilienmanagement und Grundvermögen (LIG) on the procurement and procedural aspects of the sale of space on which a private investor was commissioned to construct a reception hall and further buildings for the Hambug-Altona long-distance railway station. Practice head Lutz Horn assisted NRW-Bank with public procurement matters and contract law relating to the Europe-wide invitation to tender for a long-term lease agreement for the client’s planned new headquarters in Düsseldorf. Christoph Riese acted for gas power plant Leipheim on the tender of the transmission system operators for the realisation of a 760MW gas power plant in Leipheim. The client portfolio also includes Trianel, fördern & wohnen, K+S and the municipality of Helgoland. Heiko Hofmann made salary partner in April 2018; Kai-Uwe Schneevogl, Oliver Jauch and Kersten Wagner-Cardenal are also members of the core team.
Müller-Wrede & Partner Rechtsanwälte
Public procurement law is one of the main pillars of legal advice at Müller-Wrede & Partner Rechtsanwälte, which also focuses on EU law and the areas of renewable energies, construction and real estate law. The group acts for public sector organisations as well as national and international companies and is therefore well versed in both bidding and contracting. The Berlin-based team also focuses on the areas of transport, health and IT, as well as on infrastructure projects and the awarding of concessions. The team is headed by Malte Müller-Wrede and is also regularly involved in review proceedings. Other key figures are Verena Poschmann, Carsten Bluhm, Gunnar Conrad and Veit Hirsch.
Redeker Sellner Dahs
The public procurement practice at Redeker Sellner Dahs has its headquarters in Bonn and ‘has a very good network and can provide the necessary expertise at any time’. It focuses on advising contracting authorities on public procurement law and, increasingly, on review proceedings in a wide range of sectors, including construction and planning law, waste and sewage law, and services. Heike Glahs is representing the Federal Institute for Drugs and Medical Devices in award procedures for the cultivation and supply of medical cannabis and related review and reprimand procedures. Matthias Ganske, who is recommended for his ‘outstanding expertise in procurement law’, advised the SBB Foundation for the Promotion of Talented Persons in Vocational Education and Training on the tendering of an IT system solution for internet-based applicant and scholarship holder management. Glahs and Ganske jointly lead the practice and are supported by Olaf Reidt and Tobias Masing in Berlin.
Taylor Wessing acts for contracting authorities and bidders and is particularly active in the areas of armaments, healthcare and infrastructure. In addition to providing comprehensive support in award procedures, it also has a core focus representing clients in review procedures. Recent highlights include advising the Federal Ministry of Defence on the procurement and contract law aspects of the existing treaty regime for various weapon systems and on the preparation and implementation of the procurement procedure for the procurement of heavy transport helicopters (STH). The group also assisted Thyssenkrupp Industrial Solutions with numerous procurement procedures, including the procurement of Class 130 corvettes and Class F125 frigates by the German Navy. The client base also includes the Federal Ministry of the Interior, KfW Kreditanstalt für Wiederaufbau and new client Prospitalia. Michael Brüggemann is noted. Former practice head Andreas Haak joined Dentons’ newly opened Düsseldorf office.
The ‘specialised, competent and likeable team’ at avocado rechtsanwälte focuses on IT contracts, tenders for waste water and waste disposal services and related construction, service and supply services as well as concessions. Other core competencies are assisting with planning, project management, postal and transport sector issues. The team of six partners is headed by Markus Figgen, Klaus Greb and Rebecca Schäffer. Recent highlights include assisting AWB Cologne with the Europe-wide award procedure for the procurement of planning, project management and construction services for the construction and relocation of a depot. Schäffer also advised the Essen Gas and Heat Institute on the subsidy and procurement law aspects of several tender projects. Other clients include Ecosoil Süd, Humboldt-Universität zu Berlin and Remondis. The Cologne office was strengthened in April 2018 by the addition of Nils-Alexander Weng from Graf von Westphalen.
Under the direction of Hans Georg Neumeier, Beiten Burkhardt’s public procurement practice explicitly focuses on advising contracting authorities. The team is active in the fields of health, energy, IT, infrastructure and transport, and increasingly in the defence and armaments sector. A recent highlight was assisting the Federal Agency for Digital Radio of Authorities and Organisations with Security Tasks (BDBOS) with the preparation and implementation of procurement projects for the modernisation of the digital radio BOS. Stephan Rechten advised the Federal Foreign Office on the preparation and implementation of several Europe-wide procurement procedures. Other clients include the Federal Ministry of the Interior, the Bavarian State Office of Finance and Olympiastadion Berlin. In January 2018, Sascha Opheys, Christopher Theis and Christian Kaufmann were made up to salary partner. Lars Hettich joined the Düsseldorf office in July 2017 from LLR Legerlotz Laschet Rechtsanwälte GbR, while the Hamburg office was strengthened in March 2018 by the addition of Jan Christian Eggers from Hogan Lovells International LLP.
The nine-strong team at Blomstein Rechtsanwälte primarily acts for bidders and provides comprehensive advice on award and review procedures. The group has relevant expertise in defence, construction, pharmaceuticals, energy and technology. In recent highlights, Roland Stein led the assistance to Naval Yards Kiel with the tendering procedure for the MKS 180 frigate and with a review procedure relating to the procurement of K130 corvettes. Construction sector highlights include representing Hochtief Solutions in a review proceeding against a Berlin regional company as well as in litigation against Hungary before the European Court of Justice and a review proceedure in Sweden. The client portfolio also includes KfW Bankengruppe, TenneT TSO and the state of Berlin. Pascal Friton and Stein jointly lead the team, which was strengthened by the addition of senior counsel Hardy Bublitz in February 2018 from an in-house role.
Healthcare, infrastructure and transport are at the heart of Clifford Chance’s public procurement practice. Counsel Steffen Amelung is the central contact person and, together with Peter Dieners, he assisted the Fund for the Financing of Nuclear Waste Management with the implementation of Europe-wide procurement procedures. Other highlights include advising a consortium of bidders, which also includes T-Systems and Daimler, on the award procedure for the sale of shares in Toll Collect and on a related review procedure. Bayer, GSK and Siemens are other important clients.
Dolde Mayen & Partner
Core areas of focus for Dolde Mayen & Partner’s public procurement practice continue to be acting for public-sector clients on the awarding of waste and disposal services contracts; Andrea Vetter is the central contact in this area. Other competencies include assisting with urban development projects and large construction projects as well as with other service contracts, such as architectural and engineering services, local public transport and IT; in this area, the group mainly acts for bidders. Tina Bergmann jointly heads the practice with Vetter.
Gaßner, Groth, Siederer & Coll.
The team at Gaßner, Groth, Siederer & Coll. has expertise in real estate and planning contracts, service contracts, procurement and participation projects as well as review procedures. It is active on both the contracting and bidding sides. Recent highlights include assisting a municipal company with an award procedure for the external inspection of a landfill and advising the Zweckverband Abfallwirtschaft Saale-Orla (ZASO) on the awarding of recycling yards. The team also acted for Kreiswerke Schmalkalden-Meiningen in a review procedure. Frank Wenzel, who is particularly active in the waste sector, was promoted to the partnership in July 2018.
Graf von Westphalen
At Graf von Westphalen, public procurement advice focuses on the areas of health and IT. The team frequently acts for public sector institutions, where it handles award and review procedures. Under the leadership of practice head Bettina Meyer-Hofmann, a team assisted Digital Healthcare with the procurement aspects of a pilot and sponsored project for digitisation in the medical sector. Düsseldorf University Hospital, the Institute for Quality and Efficiency in Health Care (IQWiG) and the Cologne public transport authorities are also part of the client portfolio. Other key figures in the team are Ingrid Reichling in Munich, who advises on IT and security procurement, and Dietrich Drömann in Hamburg, whose primary focus is on work in the infrastructure sector. In March 2018, public procurement expert Nils-Alexander Weng left for avocado rechtsanwälte.
The ‘very good’ team at Heussen Rechtsanwaltsgesellschaft mbH includes four partners who advise bidders and contracting authorities on tendering procedures, review procedures and other public procurement issues. ‘Prudent’ practice head Uwe-Carsten Völlink stands out for his ‘high-quality advice’, and is increasingly active in the defence sector. Other strengths are real estate, IT and construction sector matters. Mark Münch, Norbert Huber and Philipp Herbst advised Erste Abwicklungsanstalt des öffentlichen Rechts on IT software tenders, contracts for e-procurement procedures and the tendering of personnel services. The team also represented the Goethe-Institut in the Europe-wide tender for agency services for the Deutschlandjahr USA campaign, and assisted Helmholtz Zentrum München with the Europe-wide tender for a general planning contract for a new campus and IT software. Heinz-Peter Zirbes left the firm in September 2017.
Thanks to its cross-practice approach, the team at Hogan Lovells International LLP frequently acts on matters touching upon IP, life sciences, corporate and antitrust law. Recent highlights include advising Autobahn Tank & Rast on the restructuring of the allocation of fuel delivery and distribution rights to federal motorway petrol stations. Marc Schweda led assistance to Baxter Germany with the procurement of dialysis machines by the University Hospital Frankfurt and with review proceedings. Other highlights include advising the Federal Ministry of Defence on the procurement law aspects of the planned sale of the federally-owned HIL Heeresinstandsetzungslogistik’s maintenance facilities as part of a Europe-wide procurement procedure. Falk Schöning in Brussels and Thomas Dünchheim, who heads the government regulatory practice group, are other key figures. Jan Christian Eggers left for BEITEN BURKHARDT in February 2018.
K&L Gates LLP
Annette Mutschler-Siebert heads the three-strong practice group at K&L Gates LLP, which acts for bidders and contracting authorities and handles contentious and non-contentious work. The team’s strengths lie particularly in the areas of local public transport, healthcare, infrastructure and PPP projects. Recent highlights include advising three municipal transport companies on issues relating to public procurement and contract law with regard to the joint procurement of trams. Together with Thomas Lappe and Frank Thomas, Mutschler-Siebert is advising an international consortium of bidders on the new tendering procedure for the German truck tolling system and the sale of Toll Collect. The client portfolio also includes Ströer, Stada and Telio Communications. Marion Baumann was promoted to counsel at the beginning of 2018.
Luther Rechtsanwaltsgesellschaft mbH
The four-partner group at Luther Rechtsanwaltsgesellschaft mbH focuses on acting for contracting authorities in procurement procedures in a variety of sectors such as construction, healthcare, IT, broadband supply, transport infrastructure and services. Ulf-Dieter Pape heads the practice, which also includes Henner-Matthias Puppel, Karsten Köhler and newly appointed partner Stefan Finck. Recent highlights include advising the Federal Ministry of Health and the Federal Agency for Real Estate on tender procedures concerning the general refurbishment of two landmark buildings. The group also assisted a city’s public transport company with the procurement of vehicles. Klinikum Braunschweig, the state of North Rhine-Westphalia and LNVG are among its other clients.
LUTZ | ABEL RECHTSANWALTS PARTG MBB
The public procurement practice at Lutz Abel Rechtsanwalts PartG mbB acts on matters touching upon building and social law as well as the health sector, and provides comprehensive advice on public procurement and review procedures. The ‘competent and customer-oriented’ team is particularly visible in southern Germany and ‘has in-depth knowledge of all relevant procurement law issues’. Mathias Mantler, who impresses with his ‘sound legal knowledge’, advised the police force of Baden-Württemberg on the negotiation procedure for the procurement of bodycams. While the focus is on advising public sector bodies, it also acts for corporate clients including Mikronika, Atkins Energy Germany and BieGe Hülskens Wasserbau. Newly promoted partner Christian Kokew is ‘talented and creative in finding the right solutions’ and Tobias Osseforth ‘stands out for his fast, solution-oriented approach’. In 2018, Daniel Junk joined the Stuttgart office from BREYER RECHTSANWÄLTE; Hendrik Stamm, formerly at GSK Stockmann, joined the Munich office.
The public procurement practice at Oppenländer Rechtsanwälte has been particularly active of late in the health and public transport sectors, as well as in issues touching upon antitrust law. Practice head Matthias Ulshöfer advised Accord Healthcare on public procurement matters relating to participation in drug tenders of statutory health insurance funds post-Brexit and during the transition phase. It also acts for Dexcel on the drug tenders of the health insurances of AOK, Techniker Krankenkasse, Barmer and DAK. Christofer Lenz assisted the city of Nuremberg with direct awards. The client portfolio also includes BVG Berliner Verkehrsgesellschaft, Umwelttechnik Baden-Württemberg and Jenapharm. Corina Jürschik made associate partner in June 2017.
BBG und Partner
The ten-strong team at BBG und Partner is ‘an excellent partner when it comes to public transport’ and also advises on award and review procedures in the areas of rail transport, energy, IT and health. Malte Linnemeyer recently represented Bayerische Eisenbahngesellschaft in various review proceedings concerning procedures for awarding public rail transport services. Niels Griem assisted the state of Berlin Brandenburg with the awarding of the entire S-Bahn traffic in Berlin. Gerrit Landsberg is another key figure in the practice group, which was strengthened during the research period at senior associate and associate level in particular.
Aline Fritz and Annette Rosenkötter are the central contacts in FPS’ public procurement practice, which traditionally focuses on IT contract law. In addition, the range of advisory services includes procurement and review procedures in the areas of construction and services. Contracting authorities and bidders instruct the group for such matters. In 2019, Jutta Möller joined the team from Kleiner Rechtsanwälte.
Following of counsel Ulrich Battis’ arrival in September 2017 from Gleiss Lutz, GSK Stockmann’s procurement practice was further strengthened in July 2018 by the arrival of Arne Gniechwitz and his team from KPMG Germany. The group, which now includes four partners, continues to focus on the areas of real estate and healthcare. Practice head Jenny Mehlitz recently advised the state of Saxony-Anhalt on the procurement law aspects of the procurement of a laboratory building. The State Office for Refugee Affairs (LAF) instructed the group to assist with the implementation of a consultancy services tender procedure. Hendrik Stamm left for Lutz Abel Rechtsanwalts PartG mbB in 2018.
Jan Bonhage divides his time between Berlin and Brussels and heads the procurement practice at Hengeler Mueller. The team’s core competencies are in the fields of transport, infrastructure, energy and defence. Among recent highlights are the representation of a consulting firm in the award procedure of the German Armed Forces Procurement Office; advising Deutsche Telekom on the award procedure for the expansion of the toll system; and assisting Nord Stream 2 with procurement law matters relating to construction work in the ferry port of Sassnitz. National Express, Komnexx and the Median group are also part of the client portfolio.
The team of four partners at KPMG Germany focuses explicitly on advising the public sector and was particularly successful in the health and transport sectors. In a recent highlight, Henrik-Christian Baumann assisted Berufsgenossenschaft für Gesundheitsdienst und Wohlfahrtspflege with the tender procedure for postal services and handled a subsequent review procedure. Practice head Moritz Püstow advised the Federal Ministry of Transport and Digital Infrastructure on the preparation and implementation of award procedures for the introduction of car tolls. Other clients include the Hamburg Port Authority, state capital Potsdam and the Berlin Institute for Health Research. The Düsseldorf office was strengthened in April 2018 by the addition of Julia Fritz from Bird & Bird.
Menold Bezler’s nine-strong public procurement practice focuses on advising public sector institutions and acts on national and Europe-wide tenders. The team, which is particularly visible in southern Germany, often acts on matters relating to architectural, construction and IT law. Martin Ott is ‘very well-versed in public procurement law and knows the needs of the public sector as a tendering authority’; he led representation of a federal state’s central IT service provider in a procurement review procedure, while practice head Frank Meininger advised IHK Reutlingen on the Europe-wide tender procedure for the new IHK headquarters. Beatrice Fabry, who jointly heads the practice group with Meininger, assisted the city of Ochsenhausen with the awarding of a construction and operating concept for the municipal care and nursing home.
Oppenhoff & Partner
Oppenhoff & Partner opened a new office in Hamburg in spring 2018 following the addition of Heiko Höfler and a team from Bird & Bird. The practice, which now includes three partners, focuses on advising bidders on public procurement law and is particularly experienced in the areas of defence technology, energy, infrastructure, technology and health. Stephan Müller heads the public procurement practice, which also includes Holger Hofmann. Michael Abels is ‘a solution-oriented expert in the defence field’.