05-06-2021

No breach of public procurement law in 440,000 euro contract for Luca app: Heuking successfully represents the state of Mecklenburg-Western Pomerania in review proceedings




The contract awarded to the operator of the Luca app for an electronic contact tracking system was lawful. This is the decision issued by the Mecklenburg-Western Pomerania Procurement Chamber two days ago (May 4, 2021.). Dr. Martin Schellenberg and Marc Philip Greitens, both lawyers at Heuking Kühn Lüer Wojtek in Hamburg, represented the state of Mecklenburg-Western Pomerania in the review proceedings.

A Luca competitor had objected to the contract award and requested to be considered in the proceedings. The Chamber rejected the request and found that the contract was awarded on the basis of due and proper market investigation. The state had reviewed German and foreign providers for the market investigation.

The applicant’s software did not have to be considered because it failed to meet the minimum requirements for an electronic contact tracking system. As an exception, the state was allowed to refrain from issuing a Europe-wide invitation to bid because the system was urgently required for the scheduled opening steps in Mecklenburg-Western Pomerania. In addition, the contract was only awarded for a ten-month term.

Background information: Public procurement law sets high standards for the admissibility of direct awards to prevent manipulation and uneconomical procurement. Most recently, 16 public procurement lawyers called for compliance, particularly in relation to contracts in the corona environment in North Rhine-Westphalia.

In its 30-page decision, the Mecklenburg-Western Pomerania Procurement Chamber therefore examined with particularly care whether the award was lawful, and in its decision affirmed the lawfulness. The Chamber confirmed that the state administration had based its decision on a transparent and well-documented procedure.

Counsel to the state of Mecklenburg-Western Pomerania
Heuking Kühn Lüer Wojtek:

Dr. Martin Schellenberg (Lead)
Marc Philip Greitens, B.A., LL.B. (both Public Procurement), both Hamburg

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