Nachprüfungsverfahren — German procurement review

What is reviewed

For procurements within the relevant above-threshold regime, review examines alleged infringements of procurement law affecting the applicant. Federal and Land review bodies have different responsibilities; use the body competent for the contracting authority.

Complaint and application are different

Raising an objection with the buyer and applying to a review body are separate steps. Admissibility, prior objections and timing matter. An informal request for clarification should not be assumed to preserve a right to review.

Preparing the record

Keep the notice, relevant tender documents, the disputed decision, your correspondence and evidence of when information was received. The application must explain the alleged infringement and its effect on the bidder. Use current official procedural instructions for forms, fees, deadlines and the competent body; an introductory glossary definition does not determine those details for a particular case.