Public works procurement requires a defensible procedure, clear specifications and timely bidder action. We advise on tender documentation, exclusions, evaluation and review proceedings in the German and EU framework.
Identify the applicable regime
Determine the contracting entity, contract type and estimated aggregate value before selecting a procedure. Works, design services, utilities procurement and concessions can follow different rules. Below EU thresholds, national and state-specific requirements still need to be checked.
For 2026–2027, the public works threshold under Directive 2014/24/EU is EUR 5,404,000 excluding VAT. Valuation includes the applicable aggregation and option rules; splitting a project is not a safe way to avoid procurement obligations.
Make the tender and evaluation consistent
We examine eligibility criteria, technical requirements, award criteria, contract risk and bidder questions. An economically advantageous tender need not be the lowest initial price. Criteria must be properly disclosed and applied consistently.
Alternative bids, negotiation, competitive dialogue and direct awards each need a lawful basis. A negotiation procedure should not be described as an unrestricted direct-award option. Construction changes after award may also require procurement-law review.
Preserve review rights early
Objections and review applications can be subject to short deadlines and preclusion rules. Tender documents, exclusion notices and award information should be reviewed immediately. Above-threshold German review normally involves procurement tribunals and the competent higher regional court; below-threshold protection differs.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A restrictive product specification
A tender names one manufacturer without an adequate equivalence route. Raise the issue within the applicable timetable.
An excluded bid
An electronic submission is rejected for a missing document. Review the exact requirement, submission record and any permissible clarification.
Unexplained scoring
A bidder receives low quality scores. Compare the evaluation with the published criteria and identify the available review route.
A major post-award variation
A public project adds a substantial new building. Assess whether the modification remains permissible under procurement law before instructing it.
Documents that help us assess your position
The notice, tender documents, questions and answers, submitted bid, platform receipts, evaluation or exclusion information and all relevant deadlines.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.