Major practice areas

Public procurement law

Public procurement law is considered one of the most complex fields of law. Numerous and interconnected standards are to be complied with, at both national and European level, which are subject to frequent changes due to constant developments in case law. Precise knowledge of the field of application, as well as the requirements of public procurement law, are therefore of significance for awarding public contracts without any legal error. And this is what BMT stands for.

Based on fully developed consultancy concepts, we assist the public sector with the conceptual design and legally secure structure of complex award procedures. On the side of bidders, we examine strategic approaches, ensure formal requirements are adhered to, and assist our clients in submitting bids that will have a greater chance of success.

Concentrated experience in public procurement and contract law is indispensable in that regard. Büsing, Müffelmann & Theye moreover uses its full service approach to bundle skills so that they are customised exactly in line with your project requirements. In this way, we cover all aspects that are of concern within the scope of the awarding of public contracts. The latter includes in particular public law, anti-trust law, company law and fiscal law. It also includes public and private construction law, as well as real estate law, financing law and energy law.

Services for the principal

Services for the principal

Büsing, Müffelmann & Theye's consultancy focuses on assisting with procurement procedures to ensure they are legally safe and sound. The latter includes examining the obligation to award the contract to a bidder, including developing procurement procedures that are free of any obligations under public procurement law. BMT assists its clients in designing, structuring and comprehensively preparing procurement procedures, at both national and European level. This also includes defining the qualification and award criteria. We simultaneously assist in formulating the contractual and tender documentation.

If desired, we organise the time schedules and monitor the procedural steps on an ongoing basis. We also assist our clients in evaluating bidder quotations and awarding contracts in a legally sound manner.

A further point that we focus on is securing the documentation required under public procurement law. This includes keeping the award files, and recording awarding and contractual negotiations, as well as conducting informational discussions. However, BMT also does convincing work in the field of avoiding procedural complaints in advance, and subsequently averting them (if necessary) as well as purposefully sounding out any potential for negotiations. 

Service for bidders

Service for bidders

For private companies, public procurement procedures constitute an important opportunity, are however associated with risks and great expenditure, from both a time and economic perspective. BMT assists you in making such investments a success. In most cases, a partner at the law firm attends to your concern personally. We assist you in preparing the bidding documents. Should it be expedient, we directly take up contact with the contracting awarding authority on behalf of our client.

In that regard, our focus is on developing a consistent bidding strategy, that has good prospects of success, and is customised to suit the company. In this connection, we assist our clients with awarding and contractual negotiations, as well as in making preparations for them. We ensure that your bid or application complies with the tender's regulations, and provide comprehensive advice, for instance on setting up applicant and bidding consortia. Of course, we are also there to assist you in filing complaints against infringements of public-procurement law.

Review and appeal procedures

Review and appeal procedures

BMT is well known for keeping the long-term goals in view at every stage of the procurement procedure, both internally and externally. Confidently handling review procedures or other legal disputes constitutes an important aspect in this connection. We assist both contracting authorities and unsuccessful bidders in conducting negotiations before the public procurement chamber and in necessary appeal proceedings before the Public Procurement Appellate Divisions of the Appeal Courts, as well as in proceedings before the EU Commission and the European Court of Justice. Our insight into the various aspects of the procurement procedure, and in fact from the perspective of both the awarding authority and the bidder, accumulate with BMT to form innovative advice based on a wealth of experience.

Special industry experience

Special industry experience

Given that the award of public contracts already constitutes a complex procedure in itself, successful advisory concepts also demand experience in dealing with the respective industrial sector. Therefore, one of the focal points of our service is providing advice to the public sector, for example in the case of either state or municipal real estate and service contracts. We have great experience relating to construction and infrastructure projects, and have for years been engaged in providing advice with increasing frequency in the energy sector, as well as the utilities and waste management sector.

Clients know that, when it comes to designing public procurement procedures and taking into account internal and external factors that the public sector is subject to when preparing for and conducting procedures for awarding public contracts in an experienced way, they are in good hands with BMT.

We have particular proven experience in the public health sector, media law and information technology. In addition, Büsing, Müffelmann & Theye is in demand as a consultant in insourcing and outsourcing projects. Our clients include local authorities, as well as state and federal authorities, and also authorities at the European level as well as institutions, entrepreneurs and investors.