In the areas of public procurement, state aid and subsidy law, which are all closely linked, FPS lawyers assist their clients in order to ensure transparency and fairness in competitive processes. Public institutions and companies must keep an eye on political, economic and social relationships as well as legal regulations when awarding contracts to construction companies, service providers and suppliers. The procurement lawyers at FPS meet this challenge with holistic approaches, drawing on their outstanding expertise in their field as well as their broad experience and in-depth knowledge of the relevant industries. They ultimately find comprehensive solutions for procurement procedures that are precisely tailored to the needs of their clients. 

Besides working in the classic field of construction procurement, the public procurement lawyers at FPS also specialise in matters relating to digitalisation, infrastructure, healthcare, supply and disposal, security and defence, research and mobility.

Successful tenders require the right background knowledge. For this reason, we hold workshops on public procurement law for our clients twice a year at our offices in Berlin, Dusseldorf, Frankfurt and Munich. These serve to inform our clients about the latest developments in case law, while providing an opportunity for direct, face-to-face dialogue.

Specialisation

  • Organising procurement procedures

    Our public procurement lawyers devise and oversee Europe-wide and national procurement procedures for public contracting authorities covering all types of services (constructors, suppliers and service providers), from the initial project idea to the awarding of the contract. Besides advising clients on the planning and preparation work, including the drafting of all procedural documents, we also assume the role of the awarding authority if required and take the task of procurement management off the hands of the public contracting authority.

  • Advising companies on the procurement procedure / tender management

    FPS advises clients on matters relating to the procurement procedure. The basis for this is a thorough analysis of the participation requirements in order to establish the corresponding requirements for preparing the tender. The course for a successful tender is often set early on in the procedure. Accordingly, it is important to us to give our clients comprehensive strategic support at an early stage in the decision-making process relating to participation in the tender.

  • IT tenders

    The awarding of IT contracts is becoming ever more relevant as a result of digitalisation. Procuring IT services is a challenge for even experienced contracting authorities and tenderers. The requirements of public procurement law must be reconciled with the technical conditions in order to be able to fully exploit the room for manoeuvre. FPS advises the contracting authority on choosing the right type of procedure and procurement structure, prepares and analyses the awarding and contractual documents and manages the procurement procedure right through to the awarding of the contract. Furthermore, FPS goes through the complex documents with the tenderers so that they can successfully participate in the procurement procedure.

  • Innovative procurement

    Public contracting authorities are increasingly confronted with challenges that cannot be optimally solved using conventional solutions. Yet which types of procedures can be used effectively here? FPS helps clients to correctly classify projects (for example, when it comes to making the distinction between research projects and pre-commercial procurement to apply regular public procurement law) and manage the necessary tendering procedures.

  • Structuring organisational models

    Our FPS experts have considerable experience in structuring organisational models in the field of public procurement law, particularly with regard to the in-house regulations, which are of high practical relevance for public contracting authorities and sector contracting authorities. FPS develops corporate and cooperation models – taking into account aspects of municipal law, corporate law and state aid law, among others – and provides support in subsequently implementing them.

  • Sectoral procurement – transport, airports, drinking water and energy

    FPS has been advising a large number of sectoral clients for many years. Since 2016, for example, FPS has been assisting with all EU-wide procurement procedures relating to the expansion of the southern section of Frankfurt Airport and has also been supporting many municipal utility companies in all matters of sector procurement law.

  • Review proceedings

    Thanks to many years of experience in the field of public procurement law, FPS has extensive expertise in legal protection proceedings. FPS has successfully represented clients on both the contracting authority and tenderer side in numerous review proceedings nationwide before the public procurement chambers and higher regional courts, enabling relevant facts to be quickly recorded and prepared in a legally and tactically proficient manner.

Awards

Chambers Europe Best Law Firm in Public Procurement/PPP (Germany)
2023 | 2022
FOCUS Recommended Law Firm for Public Procurement and Public Finance Law
2023
JUVE Handbuch Recommended for Public Procurement Law
since 2010
The Legal 500 Recommended for Public Procurement Law
since 2017
WirtschaftsWoche Top Law Firm for Public Procurement Law
2023 | 2022 | 2021 | 2019 | 2018 | 2014
  • What others say

    "Dedicated representation, sound expertise, open and problem-oriented communication"
    (client, The Legal 500 2024 | Public Procurement Law)

    "The team at FPS, led by Annette Rosenkötter, works in a goal-oriented manner and in the client´s best interest. Prompt communication, rapid case processing, and substantively sound opinions can be achieved within a short timeframe."
    (client, The Legal 500 2024 | Public Procurement Law)

    "The strengths of the public procurement law team at FPS led by Annette Rosenkötter, lie not only in their excellent procurement law expertise but also in their pronounced focus on practicality and and adaptability. The consulting is always on the entire procurement project rather than isolated procurement law issues."
    (client, The Legal 500 2024 | Public Procurement Law)

    "The difference lies clearly in the authoritative consultancy, which is always customer-oriented. The team impresses with a very solid expertise."
    (client, The Legal 500 2024 | Public Procurement Law)

Publications on this topic

Dr. Annette Rosenkötter
Das International Procurement Instrument – Inhalt und Bedeutung für die Rechtspraxis
VergabeR, Band 2a, , S. 283 ff.
Dr. Annette Rosenkötter
Grenzen der Sektoren(-hilfs-)tätigkeit
NZBau - Neue Zeitschrift für Baurecht und Vergaberecht, , S. 298
Dr. Thomas Schröer Dr. Annette Rosenkötter
Murks in Germany – Planungschaos, Bürgerproteste, Umweltschutz
ZDFinfo - Zweiteiler über BER und mehr,

Events on this topic