A tradition in innovation

IT procurement

In general, the procurement of contracts on behalf of the government needs to adhere to strictly formalized procedures. All tendering companies need to prepare their tenders very carefully in form as well as contents, since only one formal fault may result in the exclusion from the procurement procedures and modifications to the submitted tenders are not permitted. Moreover, unsuccessful tenderers may claim for a review procedure in order to evaluate whether the procurement procedures were compliant with all applicable laws and statutes. The government bodies need to choose the appropriate placing procedures (open procedure, restricted procedure, negotiation procedure or competitive dialogue) and need to comply with the chosen procedure pertaining to the indication of the procurement criteria, the drafting and publication of the relevant specifications, and the evaluation of the suitability of the tenderers and their respective tenders.

For the procurement of IT goods and/or services government bodies usually use the EVB-IT contract forms as general terms and conditions of purchase. Therefore, the legal and economic terms and conditions for tenders widely depend on the terms and conditions of the relevant EVB-IT forms and the related contracts. Both purchaser and tenderer need to know and adhere to the different EVB-IT types as they have considerable impact to their tenders. You may find a commented version of the EVB-IT in our book “Allgemeine Geschäftsbedingungen: IT-Verträge wirksam vereinbaren” (in German).

We provide the following services to tendering companies as well as government bodies:

  • Legal and strategic advice in drafting of tenders and procurement procedures
  • Supporting government bodies in the choice and performance of all necessary procurement procedures
  • Evalutation of re-examination of tender
  • Consulting on EVB-IT contracts