A&V in Straße und Autobahn: Calculation, mixed calculation, speculation, price shiftingWhere are the limits of what is permissible?

In principle, a bidder is free to calculate the prices for the services put out to tender. However, even in public procurement procedures, i.e. in award procedures, the freedom is not unlimited.

Whether a bidder includes all or only some of the costs likely to be incurred in the calculation of its bid and whether the resulting prices are factually correct and in the right amount is a matter for the bidder’s freedom of calculation. However, for reasons of transparency and comparability of the offers as a consequence of the principle of fair competition, this freedom is limited in the tender documents as well as in the public procurement law regulations. These limits must be complied with in order for the bid to be considered valid.

Lawyer Dr. Jan van Dyk goes into more detail in his article

Kalkulation, Mischkalkulation, Spekulation, Preisverlagerung – Wo sind die Grenzen des Zulässigen

in the journal Straße und Autobahn (Road and Motorway) and takes a closer look at the issues and points out what needs to be taken into account.

If you have any further questions on the topic, please do not hesitate to contact our Procurement Law Team!