Putting creative quality out to tender. Transparent and procurement-compliant.

Why communication services need special procedures

Anyone procuring a campaign or an agency rarely buys a finished product. What matters is whether the proposed team grasps the task correctly, develops a sound solution and implements it under real conditions.

Procurement law does not require artificial objectivity. It requires criteria that are announced in advance and relate to the contract, as well as documented considerations. This is exactly why two competencies are needed: knowing what creative quality is, and knowing how to evaluate it in a legally sound way.

What we take care of

Analysis and choice of procedure

• Analysis of your current agency relationships
• Recommendation of a suitable agency model
• Recommendation of the type of procedure permitted under the Federal Procurement Act 2018 (BVergG 2018)
• Exploring the scope available under procurement law, for example for multi-stage procedures with chemistry meetings

Documents and criteria

• Tender documents and briefing, coordinated with your project team
• Catalogue of permissible suitability and selection criteria for the first stage of the procedure
• Catalogue of permissible award criteria with evaluation anchors
• Decision matrix with a calculation method for quality and price
• Standardised price sheet so that offers become comparable

Selection and presentation

• Screening of the agency market as a basis for your market knowledge
• Organisation of chemistry meetings
• Answering bidder questions and rebriefing
• Composition of the jury, with external experts on request
• Organisation of the competitive presentations
• Participation of a lawyer and a consultant, as jury members on request

Award and contract

• Review of offers in terms of content, commercial terms, form and law
• Evaluation of the decision matrix under the four-eyes principle
• Procurement-compliant price negotiations and review of the last and final offer
• Reasoning for the award decision within the limits of procurement law
• Agency contract with particular attention to usage rights
• Complete procurement documentation

After the procedure

• Support with audits by the Court of Audit, internal audit or other control bodies
• Legal protection in review proceedings by Schramm Öhler Rechtsanwälte
• Review meetings after the contract starts, if you wish

Complete handling of the procedure: Schramm Öhler as awarding body

If you lack time or resources, Schramm Öhler Rechtsanwälte takes on the role of the awarding body. The decision on the award remains with you. The handling lies with us.

This includes in particular:

• Publication of the tender according to the chosen type of procedure
• Non-public opening of requests to participate and offers, with documentation
• Suitability check of requests to participate and any rectification of deficiencies
• Documents for the second stage of the procedure
• Notification of admission, elimination and award decisions
• Determination of the best bidder with your project team and publication of the award decision
• Personal support by a lawyer and a consultant throughout the entire procedure

What our clients gain

• One point of contact for two questions. Whether a criterion makes sense professionally and whether it holds up legally is something we clarify together, not one after the other.
• Less effort with the documents. The specification of services and internal coordination are the most time-consuming steps of a procedure for many contracting authorities. The Vergaberadar 2030 study confirms this. This is where we come in.
• A file that withstands audits. The decision remains comprehensible even to outsiders who were not present at the jury session and presentation.
• Good offers. A clear briefing, sufficient time and a fair pitch fee mean that strong agencies take part.

Frequently asked questions

Which type of procedure is suitable for an agency tender?

That depends on the contract value, the subject of the contract and the desired process. A two-stage procedure is often suitable: first suitability and selection based on credentials, then concept, presentation and offer. Whether negotiations are permissible must be examined in each individual case.

Are chemistry meetings permitted in a procurement procedure?

Yes, if they are provided for transparently in the procedure from the outset, run the same way for all applicants, and are evaluated and documented according to criteria announced in advance.

Do agencies have to be paid for their pitch concepts?

If special work is required for the offer, Section 130 BVergG 2018 requires appropriate remuneration. More on this on the pitch fee page.

How long does a procedure take?

From briefing to presentation, four to six weeks is usually a good guide. The entire procedure takes three to six months, depending on scope and coordination rounds.

Can you take on just part of the procedure?

Yes. As a rule, we carry out complete procurement procedures. However, you can also commission us for individual steps, such as the award criteria or supporting the jury. For a second opinion on finished documents, there is a separate service.