Beste Regierungsauftrag Anwälte in Frankfurt am Main

1. About Regierungsauftrag Law in Frankfurt am Main, Deutschland

The term Regierungsauftrag in German law generally refers to government assignments or mandates carried out through official procurement and service contracts. In Frankfurt am Main, a major urban and administrative center in Hessen, these tasks are carried out by the city government and its agencies. The legal framework combines European public procurement rules with German national statutes and local procedures. This framework is designed to ensure transparency, competition, and fairness when the city engages vendors to deliver goods, services, or works.

Key points for Frankfurt residents and businesses: public tasks are awarded through formal procedures that require clear tender documents and strict evaluation criteria. When a respondent believes a procurement process was unfair or incorrectly conducted, there are formal channels to challenge or appeal decisions. Understanding these pathways can help protect your rights and improve outcomes in future procurements.

Public procurement in the EU is governed by Directive 2014/24/EU, transposed into German law as the GWB and VgV. This ensures fair competition for all tender participants in Germany including Frankfurt am Main.

2. Why You May Need a Lawyer

In Frankfurt am Main, you may need a specialized attorney for concrete reasons tied to Regierungsauftrag procedures. Here are 4-6 specific scenarios with local relevance:

• You were bidding for a Frankfurt municipal IT infrastructure project and your bid was rejected for reasons that seem inconsistently applied to the evaluation criteria. A lawyer can review the documentation, identify potential errors, and advise on the possibility of a bid protest.
• Your firm was disqualified due to missing documents that you believe were provided or could have been waived. An attorney can file clarifications (Bieterfragen) and challenge the decision through the appropriate appeals body.
• You suspect bid rigging or unequal treatment during a Frankfurt procurement process. A solicitor can help gather evidence, prepare a complaint, and pursue a review with the Vergabekammer or court.
• You want to understand your rights in a below-threshold procurement. A lawyer can explain when the Unterschwellenvergabeordnung (UVgO) applies and how it differs from EU-threshold procedures.
• You are considering a public-private partnership or concession in Frankfurt. A procurement attorney can assess compliance with applicable EU and national rules and help structure the agreement to avoid later disputes.
• You need help preparing or challenging issued amendments (Nachträge) to a contract awarded by the city. A lawyer can assess legality, scope, and the need for compensation or rebalancing of risk.

3. Local Laws Overview

In Frankfurt am Main, public contracts and Regierungsauftrag activities are governed primarily by federal and EU rules, implemented through national statutes, and supplemented by local practices. The main laws and regulations guiding these processes are:

• Gesetz gegen Wettbewerbsbeschränkungen (GWB) - Federal law establishing core public procurement principles such as transparency, non-discrimination, and proportionality. It applies to high-value contracts awarded by public authorities in Frankfurt and throughout Germany.
• Vergabeverordnung (VgV) - Federal regulation detailing procedures for procurement above EU thresholds, including tender notices, submission rules, and contract award procedures.
• Unterschwellenvergabeordnung (UVgO) - Federal regulation governing procurements below EU thresholds, with simplified procedures and notification requirements appropriate for many Frankfurt local contracts.

Recent changes focus on harmonizing below-threshold procedures and ensuring alignment with EU directives. The UVgO, for example, came into force to provide a consistent framework for smaller procurements, while the VgV continues to apply to larger contracts and those with cross-border interest. For context, EU public procurement directives such as Directive 2014/24/EU shape how Germany implements national rules through GWB, VgV, and UVgO.

Directive 2014/24/EU on public procurement guides national implementations in Germany, including Frankfurt am Main, to ensure fair competition and transparency.

4. Frequently Asked Questions

What is the meaning of a Regierungsauftrag in Frankfurt am Main?

A Regierungsauftrag refers to government tasks carried out through public procurement or service contracts. In Frankfurt, these tasks cover public works, services, and supplies required by city authorities. Legal procedures ensure fair competition among bidders.

How do I start a bid protest for a Frankfurt tender?

Identify the grounds for challenge, gather tender documents, and submit a protest to the appropriate authority, typically the Vergabekammer Hessen or the relevant administrative court. Timelines are strict and failure to meet deadlines can end the right to protest.

What is the difference between GWB and VgV in practice?

The GWB is the overarching federal law on competition and procurement. The VgV provides detailed procedures for EU-threshold procurements. In Frankfurt, large contracts usually follow VgV, while smaller ones fall under UVgO.

Is UVgO applicable to all Frankfurt procurements below EU thresholds?

UVgO applies to procurements below EU thresholds and governs simplified procedures. Some sub-award contracts may still require VgV or GWB analysis depending on the contract type and funding.

What is a Vergabekammer and when should I use it?

A Vergabekammer is a procurement review body at the state level. It handles challenges to procurement procedures and decision notices. Consumers and businesses use it to seek remedies for violations of procurement law.

How long does a typical procurement appeal take in Hessen?

Procedures can take several weeks to months, depending on case complexity and court schedules. A typical early-stage review can occur within a few weeks, but final decisions may take longer.

Do I need a lawyer for a bid protest in Frankfurt?

While not mandatory, engaging a lawyer with Erfahrung in Vergaberecht improves your chances. A specialist can interpret tender documents, assess potential violations, and represent you before the appropriate body.

What are typical costs for Vergaberecht representation in Frankfurt?

Costs vary with case complexity and attorney rates. Expect consultation fees, procedural costs, and potential success fees. A clear retainer agreement helps manage expectations.

How long does the procurement process typically take from advertisement to award?

Timelines vary by contract value and complexity. EU-threshold tenders often run several months, while smaller below-threshold procurements may complete in weeks. The timeline depends on questions, clarifications, and appeals.

Can I challenge a negotiated procedure in Frankfurt?

Yes, you can challenge procedures including negotiated procedures if there are irregularities or improper suitability assessments. Timely action is essential to preserve rights.

What documents should I prepare to participate in a Frankfurt tender?

Prepare company profile, financial statements, certifications, and evidence of technical capability. Also gather prior experience, references, and the specific tender documents requested by the city.

Is there a difference when bidding for concessions versus standard procurements?

Concessions involve different rules under EU law, focusing on the award of contracts for the operation and exploitation of services. They require careful legal review to ensure compliance with applicable procurement directives.

5. Additional Resources

• European Commission - Public procurement - Official EU guidance on procurement rules and procedures. https://ec.europa.eu/info/policies/public-procurement_en
• Bundesministerium der Justiz und für Verbraucherschutz (BMJV) - Vergaberecht - Federal information on German procurement law and key regulations. https://www.bmjv.de
• Your Europe - Public procurement - EU portal with practical guidance for businesses seeking public contracts in Germany and across the EU. https://europa.eu/youreurope/business/public-procurement/index_en.htm

6. Next Steps

1. Clarify your objective and the contract stage in Frankfurt - identify whether you want to bid, protest, or review terms before signing a contract.
2. Gather relevant documents - tender notices, bid submissions, communications, and the contract draft to assess grounds for action.
3. Consult a Frankfurt-based attorney who specializes in Vergaberecht - schedule a focused initial consultation to review your options.
4. Assess procedural options - decide if a clarification request, bid protest, or legal challenge is appropriate based on the facts.
5. Prepare a formal plan with a budget - include potential costs, timelines, and expected outcomes for the chosen path.
6. Engage in early communication with the contracting authority - where permissible, ask for clarifications to avoid disputes.
7. Proceed with litigation or arbitration if necessary - after the assessment, file the appropriate legal actions within prescribed deadlines.