Procurement procedure

Procurement law includes those regulations that, among other things, statutory health insurance companies as public clients must observe when procuring products and services. Public procurement law also contains a number of provisions according to which service providers as bidders can seek legal protection to review procurement processes. In the healthcare sector, the procurement of the statutory health insurance funds by way of awarding has become firmly established and now characterizes essential areas of the healthcare market (e.g. through drug discount agreements or aid contracts). The decisions of the procurement chambers, the procurement senates of the higher regional courts and the ECJ are numerous. The ECJ withdrew so-called open-house models from the original public procurement law. We clarify for our clients the applicability and scope of the public procurement framework in the upper and lower threshold areas. We support our clients in submitting offers, formulating bidder questions and letters of reprimand, and conduct review procedures before the public procurement tribunals and subsequent instances.