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Kemmerich: Constitutional doubts Procurement Act

Thüringer Weg in procurement law complicated procedures and the practice of regulated unnecessarily

The thrust of the government, a Thuringian Procurement Act to stamp out of the ground, MP Thomas L. Kemmerich before the next meeting of the Committee on Economic, technology and work again criticized in the strongest terms. Besides the fact that follow that in the near future procurement directives by the European Union, which are then widely considered the benchmark in procurement law, as regards the in Thuringia award and medium-sized law (ThürVgMfG) provided relief to the constitutionality of the law to doubt, because so that the country inadmissible interferes with the legislative power of the federal government. In the years since the best in European tenders Verdingungsordnungen not simply taken over, but by their own rules be substantiated, added or changed, the complicated procedure to award only unnecessary, while the award of architectural and engineering services is not regulated.

Independent competence law of the chapter, the so-called subthreshold region (ie, at the only nationally put contracts with a value up to 4.845 million € introduced for works contracts and to 193 000 € in the allocation of other supply and service contracts) is a legal protection, the more complicated and more protracted than in Europe-wide procedure. In addition, the numerous substantive rules for procurements below the threshold so complex that they first find no application, criticized Kemmerich. It is precisely small municipalities in Thuringia can not ensure and check that companies are complying with all minimum standards. On the other hand something is controlled, which is already settled: should So in the scope of the Posted Workers Act, only those companies are asked to commit themselves to respect working conditions to which the company is committed because of that Law. This means that companies must commit to an action and / or failing to the extent required by law in any case, illustrates the absurdity Kemmerich extracts.

Much simpler, but nevertheless effective is the Saxon way. Saxony has known since early 2003, a bidder information requirements for lower level awards. Must then inform the contracting authority where works from one hundred fifty thousand euros and for the service contracts greater than five thousand euros, the unsuccessful tenderer seven calendar days before the intended award. The unsuccessful bidders are obliged to take the opportunity during that period to file a complaint procedure for the review body.