Mittwoch, 06.07.2016
Termination of an award procedure without an award and protection of the tenderers
from
Oliver WeihrauchLawyer
Specialist lawyer for public procurement law
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If, in a tendering procedure, all the offers are more expensive than the client had previously estimated, no contract needs to be concluded. The client can terminate the procedure without having to spend any more money. The public client is only at risk if his original cost estimate was grossly inaccurate. For example, because it based its cost estimate on outdated data. In this case, it may even happen that the client has to pay the bidder who submitted the most economically advantageous tender compensation for lost profits. The following video provides information on the current case 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.