Beste Regierungsauftrag Anwälte in Hamburg

1. About Regierungsauftrag Law in Hamburg, Deutschland

Regierungsauftrag in Hamburg refers to the legal framework governing public procurement, contracts and assignments awarded by government bodies at federal, state and municipal levels. The aim is to ensure fair competition, transparency, equal treatment and the efficient use of public funds. In Hamburg, the core rules come from federal laws such as the Gesetz gegen Wettbewerbsbeschränkungen (GWB) and the Verordnung zur Durchführung des GWB (VgV), with state level guidance and local authorities applying these standards in practice. EU directives also shape how procurements are conducted and how remedies for bid challenges operate in Hamburg.

Public procurement law in Hamburg is not isolated from the rest of Germany; it relies on harmonized federal provisions and EU directives while allowing for regional administration and enforcement through local procurement offices and courts. If you are a bidder or supplier, understanding both national and local procedures helps you navigate notices, prequalification, bidding, award decisions and possible challenge processes. This guide explains how Hamburg residents can approach Regierungsauftrag matters with appropriate legal support.

Directive 2014/24/EU on public procurement provides the overarching framework later transposed into German law. It governs fair competition, transparency, non-discrimination and procedural remedies in public contracts across the EU, including Germany and Hamburg.

Source: EUR-Lex - Directive 2014/24/EU on public procurement https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0024

Key legal texts used in Hamburg include the national laws that implement EU procurement directives. Practically, this means contract notices, bid submissions, evaluation criteria, contract performance and remedies are governed by these rules in Hamburg just as they are elsewhere in Germany. For residents and businesses, keeping abreast of updates to GWB and VgV is essential for compliant participation in Regierungsauftrag processes.

Germany transposed EU public procurement directives into national law, influencing how notices are issued, bids are evaluated and challenges are handled at the state level, including Hamburg.

Source: Gesetze im Internet - GWB & VgV texts GWB - Gesetz gegen Wettbewerbsbeschränkungen, VgV - Verordnung zur Durchführung des GWB

2. Why You May Need a Lawyer

• You bid for a major Hamburg construction project and your bid is excluded. A lawyer can assess whether the exclusion was lawful and help you file an immediate challenge with the Vergabekammer or court if needed.
• A Hamburg authority issues a contract award that you believe was biased. An attorney can guide you through remedies, including interim relief and formal protests within tight deadlines.
• You suspect bid rigging or collusion in a Hamburg procurement. Legal counsel can help document evidence, coordinate with authorities and pursue remedies or damages.
• You are a subcontractor in Hamburg and want to enforce preclusion rights. A solicitor can advise on standing and procedural routes for claims against the awarding authority or contractor.
• You are preparing a bid for a Hamburg public sector contract and need compliant documentation. A lawyer ensures your bid format, certificates and declarations meet all legal requirements.
• You need guidance on post-award contract modifications. An attorney can check that changes comply with procurement law and the contract terms to avoid later disputes.

3. Local Laws Overview

In Hamburg, public procurement is principally governed by federal rules, but local administration and enforcement shape practical procedures. The core framework includes Germany-wide law and EU directives, while Hamburg’s authorities publish guidance and handle procedural steps specific to the city-state.

GWB - Gesetz gegen Wettbewerbsbeschränkungen (Federal) establishes the general rules for fair competition and procurement remedies. It applies nationwide, including Hamburg, and creates the basis for tendering procedures and bid challenges.

VgV - Verordnung zur Durchführung des GWB (Federal) provides the operational details for procurement procedures, including tender notices, qualification, evaluation criteria and award procedures in Hamburg.

SektVO - Sektorenverordnung (Federal) covers procurement in specific sectors such as energy, water, and transport that intersect with Hamburg's public utilities and infrastructure projects.

For procedural timelines and remedies, counsel should reference the relevant sections in these texts and verify any Hamburg-specific administrative guidelines. You may also encounter VOB/A for construction contracts and general terms used in public works in Hamburg.

Recent developments at the EU and national level have emphasized greater transparency and faster remedies for procurement disputes. This includes alignment of national rules with EU directives and updates to remedy procedures in light of court decisions. For Hamburg bidders, a practical approach is to monitor updates on official procurement portals and the German federal texts cited above.

4. Frequently Asked Questions

What is a Regierungsauftrag and when does it apply in Hamburg?

Regierungsauftrag refers to contracts awarded by government bodies for goods, services or works. It applies whenever a public authority in Hamburg publishes a tender, selects a bidder and enters a binding procurement contract.

How do I start a bid protest in Hamburg for a public contract?

Start with the Vergabekammer or the appropriate court, depending on the stage. Your attorney will help you assess grounds, file the complaint within deadlines and prepare supporting evidence.

When is the deadline to challenge a Hamburg award decision?

Deadlines vary by procedure and stage, but challenges are typically time-limited after notification of the award decision. Consult a lawyer promptly to avoid missing the window.

Where can I find official notices for Hamburg public tenders?

Official notices appear in public procurement portals and the European Tender Notice systems. In Hamburg, look for national portals and local government postings for current tenders and contract awards.

Why are bid exclusions common and how can I contest them?

Exclusions occur for non-compliance or eligibility issues. A lawyer can review the exclusion basis, ensure due process, and file an appeal if the decision is unlawful.

Can I appeal a Hamburg award decision to the court?

Yes. Depending on the case, you can appeal to the Vergabekammer or a court of law for review of the decision and its compliance with procurement rules.

Should I hire a procurement lawyer for Hamburg bids?

Yes, especially for complex tenders or high-value contracts. An experienced attorney helps with bid preparation, compliance checks, and timely remedies if disputes arise.

Do I need to be registered as a bidder in Hamburg public tenders?

Most Hamburg contracts require bidder qualification and registration in the relevant procurement portal. Your legal counsel can guide you on the correct registration and documentation needed.

What is the typical cost range for Hamburg procurement disputes?

Costs vary by case complexity, duration and counsel rates. Expect legal fees for review, filings and hearings, plus potential court costs, to be significant in high-value procurements.

How long does a Vergabekammer review take in Hamburg?

Timelines depend on the caseload and complexity. Remedies may take weeks to months from filing to decision, so early legal preparation helps manage expectations.

Is subcontracting allowed in Hamburg public contracts?

Subcontracting is often permitted under the contract terms and procurement rules, subject to supplier approval and compliance with the awarding authority's conditions.

What are common grounds for bid disqualification in Hamburg?

Common grounds include non-compliance with required qualifications, missing documents, or failure to meet tender criteria. A lawyer can evaluate grounds and potential remedies.

5. Additional Resources

• European Union Public Procurement - EUR-Lex provides direct access to EU directives and national implementations that shape Hamburg procurement.
  https://eur-lex.europa.eu
• GWB and VgV Texts - Official German texts implementing EU procurement rules; useful for definitions, procedures and remedies.
  GWB - Gesetz gegen Wettbewerbsbeschränkungen, VgV - Verordnung zur Durchführung des GWB
• Bundesministerium für Wirtschaft und Klimaschutz (BMWK) - Guidance and resources on public procurement policy and best practices in Germany.
  https://www.bmwk.de

6. Next Steps

1. Define the procurement issue you face in Hamburg and gather all related documents and tender notices.
2. Identify the appropriate pathway (pre-tet appeal, post-award challenge, or contract dispute) and the correct authority or court to approach.
3. Consult a Hamburg-based attorney with public procurement experience to assess grounds, deadlines and strategy.
4. Prepare your submission with legal counsel, including evidence, timelines and requested remedies.
5. File the complaint or appeal within the applicable deadline and request urgent interim relief if needed.
6. Monitor the process and respond promptly to any requests for information from the authority, court or regulator.
7. Review the final decision with your lawyer and plan post-decision steps, such as negotiations, settlement or further appeals.