Financial Authority

Hamburg Procurement Chamber at the Department of Finance and Districts

Prerequisites

• Your rights have been violated by non-compliance with procurement regulations.
• This is a public procurement contract.
• This is a procurement procedure in which the contract values reach or exceed the EU thresholds.
• The contract for the tendering procedure has not yet been awarded.

Documents required

• Application for review proceedings
• Justification of which procurement law violations you accuse the contracting authority of and to what extent the procurement law violations could have a detrimental effect on you.
• Copies of the tender documents,
• Copy of the letter of complaint and the client's statement
• Copy of the client's preliminary information

Please note

In the context of an already pending review procedure, an accessory urgent application may also be filed to have the prohibition on award lifted.

During a review procedure, the contracting authority may not award the contract for the procurement procedure.

An application for review proceedings is inadmissible if:

• You have identified the violation during the procurement procedure but have not notified the contracting authority in writing within 10 days.
• You have identified the error in the notice but have not reported it to the contracting authority by the end of the application or tender period.
• You have identified the error in the tender documents but have not notified the contracting authority of this error by the end of the application or tender period.
• The client has informed you that he does not intend to remedy your complaint and you do not submit the request for review within 15 days of receiving this notification.

Deadlines

The application for review must be submitted to the Hamburg Public Procurement Chamber by 12:00 noon at the latest.


Requests for review received later can only be submitted on the next working day and thus trigger the ban on awarding the contract.

Procedure

• You submit an application by email or fax. It is strongly recommended that you notify the Hamburg Public Procurement Chamber of your intended application by telephone in good time.
• The Hamburg Public Procurement Chamber will examine your application and the necessary requirements.
• You will receive an invitation to the oral hearing.
• The Hamburg Public Procurement Chamber will determine by decision whether your rights as an entrepreneur have been violated and will take appropriate measures to eliminate any violation of law or prevent damage to the interests affected.

Processing time

The Hamburg Public Procurement Chamber will make and justify its decision within five weeks of receipt of the application.


In exceptional cases, the deadline may be extended. This extension should not exceed two weeks.

Fees

The costs depend, among other things, on the subject matter of the dispute. Any advance payment will be offset against the procedural costs, if applicable.


An additional urgent application will incur additional costs.

Legal remedies

Immediate complaint

Legal basis

Sections 155 et seq. of the Act against Restraints of Competition (GWB)


https://www.gesetze-im-internet.de/gwb/__155.html