The award procedure for the planning services for the new Asklepios clinic building in Hamburg-Altona can be continued with the existing award documents. This was recently decided by the Hanseatic Higher Regional Court (1 Verg 3/22). However, a re-evaluation of the bidders' final offers is required.
The decision largely upheld an appeal by Asklepios-Kliniken in Hamburg against a decision by the Public Procurement Chamber. The procurement chamber had previously objected to a lack of transparency. In July 2022, it decided to reset the procedure to the status prior to the award documents being sent out and demanded that the clinic operator revise the documents. The clinic operator lodged an immediate appeal against this decision.
The case ended up before the Hanseatic Higher Regional Court. However, this court was unable to recognize any lack of transparency. The decision is unappealable.
Source: justiz.hamburg.de/1 Verg 3/22
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