Product-neutral tendering
The intention of the public procurement law is to meet the procurement need of a public client at an economical price. In which case is the public client allowed to limit his procurement decision to a specific product or specific manufacturer? Which are the possibilities of a public client to impose specific requirements in terms of “sustainability”, even if only few suppliers are able to fulfill the same? What are the possibilities of legal protection for discriminated companies?
These questions arise again from the reform of the public procurement law in 2016. There is often a contradiction...