Public procurement, state aid and subsidy law

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.

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.

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.

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.

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.

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.

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.