Dienstag, 18.03.2025
Procurement law & mixed costing
When is there a risk of exclusion from the bidding process?
from
Oliver WeihrauchLawyer
Specialist lawyer for public procurement law
Give me a call: 0228 - 972 798 203
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In our new legal tip video, specialist lawyer Oliver Weihrauch explains why public clients must follow certain rules when purchasing goods and services – and how companies can protect themselves from being excluded from tenders.
A recent judgment by the Public Procurement Tribunal of Southern Bavaria could bring about a decisive turnaround in this regard: not every mixed calculation will lead to exclusion anymore!
Why do public clients have to comply with strict procurement rules?
Since public authorities have to act economically with taxpayers' money, clear rules apply in public procurement law. In addition to price-performance competitions, corruption prevention as well as social and ecological criteria also play a role.
What are mixed calculations and why are they problematic?
Mixed calculations arise when bidders allocate costs incorrectly, for example by including later services in earlier items. This allows them to receive higher advance payments at an early stage – which distorts competition and puts other providers at a disadvantage.
The rule so far has been: such offers must be excluded!
Has this strict regulation now changed?
According to a decision by the Public Procurement Tribunal for Southern Bavaria, a mixed calculation can be accepted in exceptional cases if it only affects minor items. If the error in a contract worth millions amounts to only a few euros, exclusion would be disproportionate.
Can companies rely on this decision?
The decision is new and has not yet been confirmed by the highest court. Other public procurement tribunals or higher regional courts could rule differently. Nevertheless, there is a trend towards more practicality and less formalism in public procurement law.
Our tip:
Calculation errors can have serious consequences. Companies should check their offers carefully to avoid exclusions. Our public procurement law team at caspers mock will support you in calculating in a legally secure manner and in contesting violations of public procurement law.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.