Public contracts in the field of emergency services are characterised by the tensions created by the need to maintain public security as a sovereign function on the one hand and market mechanisms – driven, in part, by the statutory health insurers who bear the costs – on the other.
The legal framework is complex. It consists of federal rules on financing, training and general principles as well as a number of state laws, (federal and state) ministerial directives and budgetary regulations. To some extent, these rules are superimposed by rules of Union law and – in term – specific exclusions thereof. Correspondingly, the requirements imposed on contractors and their services are high.
The procurement of ambulance services or of communication equipment for emergency service control centres are typical examples of these strict requirements in practice.
We have in-depth expertise and long years’ of experience in these areas – both with issues relating to procurement and assessing demand as well as connected issues concerning financing, including – where necessary – judicial review of bylaws concerning fees.
Whereas we generally advise both contracting authorities and tenderers – depending their respective sectors –in all matters concerning the law of ambulance services and their procurement we advise exclusively contracting authorities.