Public infrastructures, including the so-called “critical infrastructures” such as utilities and certain transport services, emergency medical services, emergency services and civil defence, are increasingly being governed by and procured via innovative contractual and procurement models. Established structures in these areas should be protected (as far as they are proven), continuously developed and placed on a long-term, legally sound foundation.
Innovative procedures, developed in parallel and to a certain extent outside of the scope of the established procurement procedures – such as the grant of concessions and licences or (non-selective) “open-house” models play an important role in this sector.
We have extensive practical experience designing and implementing procedures for the award of service concessions and regulated selection processes, both with procedures covered by the new law on concession awards (KonzVgV) and procedures which are – as they were previously – governed by primary EU law and the general principles of administrative and constitutional law.