Public procurement law in the defence sector
The challenges involved in implementing procurement measures in the defence and security sector are manifold. The main objective is to acquire high-performance, state-of-the-art equipment to ensure the ability to act and to establish and expand the capacity to detect and defend against actual and digital threats. In addition to equipment, infrastructure and digitisation projects for military capabilities are also becoming increasingly important in order to ensure that the Federal Republic of Germany is positioned appropriately for the situation.
In addition to limited availability, very narrow market structures in some cases mean that competition for the purchase of high-quality goods at favourable terms can only be achieved with special instruments and concepts as well as contract arrangements. In addition, innovations are playing an increasingly important role, particularly in combat systems. Furthermore, accelerating procurement is of great importance, without this entailing significant additional cost risks due to the budgetary situation. In view of the security policy challenges, the legal framework applicable to procurement measures is undergoing profound change, and requirements such as those of the Act on the Acceleration of Procurement Measures by the German Armed Forces (BwBBG) must be applied and current court rulings, for example on the question of the existence of essential security interests, must be taken into account.
Our lawyers have many years of expertise in advising and representing public institutions and companies in all areas of procurement, pricing, subsidy and state aid law, often in connection with complex projects and politically sensitive issues. We assist our clients in the design and implementation of selection and procurement procedures and represent their interests before the competent procurement chambers and senates at the higher regional courts as well as before public supervisory bodies such as price review bodies, audit offices and grant providers.
Our main areas of activity:
Support for market research
Setting up temporary interim measures
Structuring, designing and implementing procurement measures
Preparing statements and legal opinions on specific issues
Designing cooperation structures involving private parties, e.g. public private partnerships or operator models
Development of remuneration models taking into account price and subsidy law
Representation before public procurement tribunals, higher regional courts and other public authorities
Full service in the field of defence and security – find out more about our advising approach and our team here.