De facto award

De facto award is a term from German procurement law . De facto awards are awards in which the contracting authority does not award a public contract using an award procedure that complies with the award rules.

This applies to direct orders, for example, although the value limits for tenders or threshold values ​​have been exceeded.

Legal consequences

The legal basis for treating de facto awards above the EU threshold is Section 135 GWB. The contract concluded by way of a de facto award is ineffective according to Section 135 (1) GWB if the breach has been determined in a review procedure in accordance with Section 135 (2) GWB.

De facto awards are illegal.

literature

• Malte Müller-Wrede : De facto award - Selected case law on legal protection against awards without a formal award procedure , in: Festschrift für Prof. Dr. Walter Jagenburg on his 65th birthday, p. 653.