In practice, public law and procurement law are frequently interrelated. Solutions for large infrastructure, construction or technology projects often need to be individually tailored, taking into account the feasible procurement law alternatives and the requirements imposed by specific areas of public law, such as construction, planning and budgetary laws.  We have specialised expertise in these areas and our vast experience also enables us to provide competent and appropriate advice on individual aspects of public and procurement law.

Procurement Law
BEITEN BURKHARDT is one of the leading procurement law firms. We specialise in providing advice to contracting authorities and their procurement agencies in relation to all legal issues, whether technical or commercial, arising from the award of a public contract. In addition, we advise candidates, tenderers and other interested parties on their participation in tender procedures.

Procurement law is complex. Procurement projects are often subject to corporate, competition, tax or labour law regulation in addition to their more obvious procurement, contract and budgetary law implications. Depending on the works, goods or service in question, technical expertise may also be required. Long-term contracts, different forms of cooperation between firms and complex partnerships raise specific economic issues (e.g. financing structures). Our aim is to find expeditious and commercially appropriate solutions for specific procurement projects and to assist our clients in the implementation of these solutions in a manner compliant with relevant legal provisions. Should specific expertise on technical or special commercial issues be required, we are able to seek the assistance of specialised consulting firms with whom we have long-standing relationships.
Such complex advice requires the cooperation of a large number of specialists. Our team of more than 20 public and procurement law specialists therefore works in close collaboration with colleagues from other practice groups and offices within our network.  Our experience in the planning and implementation of substantial tender procedures, complex partnerships and the like, as well as in supporting smaller projects and providing advice on specific issues, allows us to provide our clients with swift and efficient legal assistance.

Our Services
We can provide you with support in the implementation of tender procedures, ensuring maximum levels of effectiveness and taking into consideration possible future developments. Providing integrated legal, technical and financial advice for re-structuring proceedings and projects involving Public Private Partnerships (PPPs) and Private Finance Initiatives (PFIs) is one of our specialties. We also specialise in the use of franchise and management models. If desired, we can conduct tender review and appeal proceedings and assist in legal proceedings before the EU Commission or the European Court of Justice. Our international network also enables us to provide integrated advice on international procurement law.

Special focuses of our procurement law practise include:

• Reviewing whether a project is subject to international, EU or national procurement regulations
• Advising on the design, preparation and implementation of EU-wide or national tender procedures, including advice as to which would be the most appropriate type
• Structuring tender procedures to optimal levels
• Drafting notices of initiation, tender documents and other relevant documents; communicating with tenderers and applicants
• Drafting contracts
• Conducting, and providing support during, negotiations
• Providing contracting authorities with support during the tender and review proceeding
• Providing representation in bid committees or bid evaluation committees and during complaint and tender review proceedings before procurement chambers and courts
• Advising on the implementation of contracts, including providing contractual controlling and conducting and supporting any follow-up procedures
• Monitoring legal developments
  

Public Law
BEITEN BURKHARDT provides comprehensive legal advice in all areas of business-related public law. Clients in this field include public authorities, privately owned enterprises and individuals.

Our international network allows us to offer efficient assistance in purely national environments, as well as for issues with international implications. We take a cooperative approach, developing solutions that save our clients time and resources and provide a long-term basis for their businesses. However, we are equally capable of providing solutions in cases of dispute.

Services
Our public law expertise includes:

• Real estate-related public law

- Building and planning law
- Law on the preservation of monuments
- Sectoral planning and infrastructure law
- Investment tax law (incl. budgetary and price regulation law)
- Municipal laws, including municipal rates law

• Recycling and waste management law
• Air traffic law
• Public law aspects of privatisations (PPP, PFI)
• Soil conservation and hazardous waste law
• Pollution control laws
• Emissions trading laws
• Hazardous substances law, including litigation and mediation
• Data protection law
• Pharmaceutical and medical device law
• Economic management and State aid law