Basics of Tenders and Contract Awards

To effectively manage Natura 2000 sites and species and habitat types listed on the Annexes of the FFH Directive, it is often necessary to engage qualified companies. In this context, understanding the regulations governing bidding and contract awarding is essential, especially when working with public contracting authorities or utilizing public funding.

Procurement law is governed by a framework of statutory regulations at both state and federal levels, as well as guidelines increasingly incorporated into EU law. Of particular importance are Parts A and B of the Procurement and Contract Regulations for Construction Services (VOB/A and VOB/B), which are specifically applicable to most measures related to nature conservation. 

Differences between private and public contracting authorities, as well as between the types of services themselves, are also significant. It is important to determine whether the project involves construction services, supplies and services, or architectural and engineering services, as well as which specific bidding obligations apply. The various purchasing procedures, both for above-threshold and below-threshold contracts, represent another crucial aspect of the fundamentals of bidding and awarding.

Once the bidding process has been conducted in compliance with regulations, the evaluation and assessment of the bids must follow. This involves establishing evaluation criteria for the final award, which can also lead to the cancellation of the bidding process in cases of inadequate or deficient offers.

Other important considerations for compliant commissioning of services to third parties include thorough documentation of the entire process and adherence to electronic submission practices, which have become standard in the field.