The legally compliant commissioning of procurement service providers

Many local authorities have a high demand for new construction and modernisation, particularly in the infrastructure sector. Dealing with the associated, often Europe-wide award procedures for the commissioning of planning and construction services poses particular challenges for local authorities in view of scarce personnel resources and complicated procurement law. If projects are subsidised with public funds, there is also a risk of funding being revoked in the event of procurement violations.

Municipalities as public contracting authorities therefore often use external architects, engineers, lawyers or consulting firms to carry out procurement procedures as so-called Procurement service provider. The scope of services can range from the provision of technical infrastructure and advice on implementation and planning to preparation and management activities in the implementation of award procedures.

However, the distinction between the (still) permissible activities of architects and engineers and the threat of a breach of the Legal Services Act has recently been a frequent issue in case law.

The seminar will focus on legally compliant commissioning and the correct use of procurement service providers.