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.