A&V in Straße und Autobahn: Procurement Law – Limits of Prequalification
- 16. May 2023
- Posted by: Marie-Theres Waldleben
- Category: Procurement Law
In its decision of 8 June 2022 – Verg 19/22, the Düsseldorf Higher Regional Court recalled the limits of the prequalification of bidders and rejected the generally held view that the prequalification of a bidder automatically establishes his suitability. Blind trust in the indication of the PQ number in tenders to contracting authorities is deceptive. Tendering authorities should ensure sufficient transparency when requesting references and thus prevent misunderstandings about the scope of the indication of a PQ number. It is imperative that bidders bear in mind that prequalification alone does not automatically lead to suitability. This German article explains why caution is advisable: