Financial authority
Review of procurement procedures
The procurement chamber at the tax authority is responsible for reviewing the procurement procedures of all clients in accordance with Section 98 GWB in Hamburg that relate to public contracts or concessions for supplies or services...
The procurement chamber at the tax authority is responsible for reviewing the procurement procedures of all clients in accordance with Section 98 GWB in Hamburg that relate to public contracts or concessions for supplies or services above the respective EU threshold values (Section 159 (2) and (3) GWB).
(In contrast, the public procurement chamber at the authority for urban development and housing is responsible for reviewing construction contracts in accordance with the VOB.)
Normal case: Application for review
As long as an awarding authority has not yet awarded the contract, the participants in a Europe-wide award procedure can submit a written application for review to the competent awarding chamber under the legal requirements of Sections 160, 161 GWB.
Special case: Application for award approval
As part of the pending review procedure, the contracting authority and the best bidder can submit an urgent application under Section 169 (2) GWB in accordance with Section 134 (1) GWB in order to have the award ban lifted. As a process-related application, it cannot be made in isolation.
Address and contact information
Address
Financial authority
Internal service and control
Public procurement tribunal (Dept. 14)
Gänsemarkt 36 20354 Hamburg
Phone
Facility info
| Accessible |
Public transport
U2 / buses X3 / 4/5/19 Gänsemarkt
Important notes
Prerequisites
- The legal application requirements of §§ 160, 161 GWB must be met.
- The advance on costs of EUR 2,500 must have been paid in advance.
- The same-day transmission of an application for review to the contracting authority with the consequence of the ban on awarding contracts (§ 169 Para. 1 GWB) requires that the application for review be submitted to the office of the public procurement chamber by 12:00 p.m. at the latest; Requests for review that arrive later will not be processed until the following working day.
- Section 169 (2) of the GWB regulates the legal requirements for the urgent application (applications that are related to the process cannot be made in isolation).
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
Special case: As part of a review procedure that is already pending, an urgent application for a preliminary decision on the award of the contract in accordance with Section 169 (2) GWB can be made as an exception if the award of the contract is so urgent that exceeding the specified award period would make it impossible or null and void to carry out the contract.
You can reach the public procurement chamber at the tax authority during the presence hours from Monday to Friday between 10:00 a.m. and 2:00 p.m.
Office of the procurement chamber at the tax authority:
Jil Andersen – 14/G –
Telephone: (040) 428 23 – 1690
Mail: vergabekammer@fb.hamburg.de
E-fax: +49 40 4279-23080
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 & Fees
Procedure
- In order to initiate the fee-based review procedure (§ 182 GWB) before the procurement chamber at the tax authority, the legal application requirements of §§ 160, 161 GWB must be met and the advance payment of EUR 2,500 must have been paid.
- The court-like review procedure is based on the legal procedural provisions of §§ 155 et seq. GWB.
- Special case: The procedural urgent application is based on Section 169 (2) GWB.
- Like the courts, the public procurement tribunal decides independently and on its own responsibility.
- The costs depend, among other things, on the subject of the dispute (§ 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 notes
Legal basis
Designation: The court-like review procedure is based on the legal procedural regulations of §§ 155 ff. GWB
URL: https://www.gesetze-im-internet.de/gwb/__155.html
The substantive public procurement law depends on the respective subject of the dispute (GWB, VgV, HmbVgG, and many more).
Downloads & Links
Keywords: award approval award chamber review procedures request for review
Last updated: 03.06.2023