A&V in Straße und Autobahn: Exclusion of bids due to lack of reliability in the case of previous contracts
- 10. May 2023
- Posted by: Marie-Theres Waldleben
- Category: Procurement Law
A recent decision of the Federal Public Procurement Tribunal (Vergabekammer des Bundes) on a Europe-wide tender for the renewal of vehicle restraint systems on a section of a federal motorway gives rise to a discussion of the limits as well as the sense and purpose of the requirement of product-neutral tendering. Is the contracting authority allowed to put a specific desired product out to tender by name? Will an objection to the award of a contract and subsequent review proceedings by an unsuccessful bidder be successful?
Volker Römer goes into more detail on this topic in his article
Public Procurement Law – Exclusion of Bids due to Lack of Reliability in Previous Contracts.