Public Procurement

We have been advising public sector entities and private companies in a variety of different procurement procedures for about ten years now. Our consulting includes the development of legally compliant contractual structures and procurement procedures that provide best value for money. We bring in experience and generic expertise to craft tailor-made solutions for each individual case. We accompany private sector clients with comprehensive advice, including their strategy for success in public tender processes. We advise bidders on all procurement law issues, examine tender documents and represent our clients in administrative review proceedings and courts.

 

Contract Law

The implementation of procurement procedures and the observance of the procedural rules are not an end in itself, but in fact serve the economic acquisition of services by the public sector. Each successful procurement procedure results in the conclusion of a contract. Our consulting includes advising public contractors with regard to the design of contracts as well as advising bidders regarding their negotiations and risk allocation

The requirements for the design and negotiation of each and every contract are as variable as procurement projects themselves can be.

We have been advising public clients and bidders in contracting and negotiation matters ranging from simple work and service contracts and industry-standard model contracts to complex construction and IT contracts and to specific concession and operator contracts, such as infrastructure projects in rail transport, ports and motorways, but also for construction and operation of museums.

Our work also includes interlinking the design of the contracts with procurement laws and regulatory requirements in an optimal way. Thanks to our many years of experience in procurement, both for public clients and for bidders, we are well aware of both perspectives and special features. As a result, we can contribute not only by designing efficient procurement procedures, but also by designing the fundamentals of a contract, such as through optimal risk distribution to ensure the most efficient and economic source allocation possible.

Employment Law

A company’s most valuable asset ist their employees.

Between the maintenance of the contractual relationship between the employer and the employee as well as the consideration of entrepreneurial aspects and the constant further development of the case law and the current legal situation exists a constant state of tension. We assist our clients as experienced contract experts in the field of labour law in large projects as well as in ongoing personnel work.

Standing behind large procurement procedures are often also growing companies with ongoing operations. Our long-standing expertise in all areas of individual and collective labour law allows us, in addition to general labour law advice, to support  our clients in the contractual design and implementation of specific labour law requirements with regard to procurement procedures and the legally secure execution of complex contract works.

PPP

We have worked on PPP projects for around eight years and have extensive experience in the legal and contractual design and implementation of PPP projects regarding infrastructure and construction. We advise public authorities and bidders during both original procurement and review procedures. Jochen Eichler has been involved in all the PPP-Projects on German motorways (known as A-models) that have been performed so far.

Whenever it is requested by our clients and appropriate, we work closely together with highly qualified lawyers that are specialised in other relevant fields of law (e.g. finance, antitrust, tax).

State Aid

Another focus of our practice is to provide legal advice on state aid matters for companies and the public sector, especially when awarding public contracts and concessions, as well as in the context of privatisations. Here, state aid issues can play an essential role and must be considered in the design of legally compliant procedures and contracts.

Trade and Customs

Our practice includes advising clients on trade and customs law. We advise companies on regulatory issues in the context of the import of goods into the European Union and the export of goods from the European Union.