Hamburg Public Procurement Chamber at the Finance Authority

Prerequisites

• The public procurement tribunal is an independent adjudicatory body that – similar to a court – decides in the first instance on legal disputes in procurement procedures according to the GWB, the VgV, SektVO and KonzVgV.
• For the initiation of a review procedure before the Public Procurement Chamber, the application requirements of §§ 160, 161 GWB must be met and the advance payment of EUR 2,500 must be paid.
• The accessory urgent application is possible under the legal requirements of Section 169 (2) GWB.

Documents required

• Application for review that meets the legal application requirements of §§ 160, 161 GWB.
• Evidence or legal assurance that the advance on costs has been paid in the amount of EUR 2,500.
• Special case: Section 169 (2) GWB regulates the legal requirements for the urgent application.

Please note

For the same-day transmission to the contracting authority, the application for review must be in the office of the public procurement tribunal by 12 noon at the latest . Requests for review that arrive later can only be sent on the next working day (thus triggering the ban on awarding contracts under Section 169 (1) GWB).
E-mails and e-faxes are only received during the business hours of the public procurement tribunal (MON-FRI 10 a.m.-2 p.m.).
An application by simple e-mail does not satisfy the written form requirement of Section 161 GWB (cf. Section 3a VwVfG).
It is recommended to announce the application to the office of the public procurement tribunal by telephone.

Office of the procurement chamber at the tax authority (FB VK/GS):
Telephone: +49 40 428 23-1690
Email: vergabekammer@fb.hamburg.de
E-fax: +49 40 427 9-23080

Deadlines

• The deadlines of Section 160 (3) GWB apply to the submission of the application for review. Otherwise, the procedure before the public procurement tribunal is based on §§ §§ 155 et seq. GWB.


• In the case of same-day transmission to the contracting authority, the application for review must be received by the office of the procurement chamber by 12 noon at the latest.

Procedure

• The court-like review procedure is based on the statutory provisions of §§ 155 et seq. GWB.
  Like the courts, the public procurement tribunal decides independently and on its own responsibility.
• The duration of a review procedure depends, among other things, on the subject of the dispute and the course of the procedure.
  The five-week standard period of § 167 GWB can be extended according to the respective requirements.
• The costs depend, among other things, on the subject of the dispute (§ 182 GWB).
  The advance on costs paid will be offset against the procedural costs if necessary.
  An additional urgent application according to Section 169 (2) GWB increases the costs of the main proceedings (Section 182 GWB).

Processing time

The duration of the review procedure depends, among other things, on the subject of the dispute and the course of the procedure. The five-week standard period of § 167 GWB can be extended according to the respective requirements.


Special case: The law does not provide for a specific decision period for the summary proceedings. The public procurement tribunal must decide on the urgent application as quickly as possible and has to give priority to the urgent procedure over the main procedure.

Fees

The initiation of the fee-based review procedure (§ 182 GWB) before the procurement chamber at the tax authority requires the payment of an advance on costs of EUR 2,500.


The costs of the review procedure depend, among other things, on the subject of the dispute (Section 182 GWB). The cost advance paid in advance (see above) may be offset against the procedural costs.


If, as part of the review procedure that is subject to a fee, an additional urgent procedure for approval of the award is carried out, this increases the costs in the main procedure (§ 182 GWB).

Legal remedies

• Immediate complaint to the Hanseatic Higher Regional Court (§§ 171 ff. GWB)

Legal basis

The statutory provisions of §§ 155 et seq. GWB apply to the review procedure.


The substantive public procurement law depends on the respective subject matter (GWB, VgV, SektVO, KonzVgV, HmbVgG, etc.).

URL: https://www.gesetze-im-internet.de/gwb/_155.html

The public procurement chamber at the tax authority is responsible for reviewing the procurement procedures of all clients in accordance with Section 98 GWB in Hamburg, which concern public contracts or concessions for deliveries or services above the respective EU thresholds (Section 159 Paragraphs 2 and 3 GWB).

(In contrast, the Public Procurement Chamber at the Authority for Urban Development and Housing is responsible for reviewing construction procurement procedures that concern construction work in accordance with the VOB, construction concessions and contracts with architects, engineers, urban planners and construction experts. Link: https://www.hamburg.de /authorityfinder/info/11725154/ )

As long as the contract has not yet been awarded, the participants in a Europe-wide procurement procedure can submit a written application for review to the responsible public procurement chamber under the conditions of Sections 160 and 161 GWB.

As part of a review procedure that is already pending, an additional urgent application can also be submitted in accordance with Section 169 (2) GWB in order to have the prohibition on awarding the contract lifted.