Defence & Security Procurement

The EU Directive 2009/81/EC on the procurement of defence and sensitive security goods includes regulations for the procurement of weapons, ammunition, and war material (as well as related construction & service contracts) for defence purposes, and rules for the awarding of contracts for sensitive supplies, construction, and services for security purposes. We support you in its legally compliant implementation, accompany all procurement phases, and design procurement processes to be efficient, transparent & compliant.
Holger Schröder
Partner
Attorney at Law (Germany), Specialist lawyer for public procurement law
Freya Weber
Associate Partner
Attorney at Law (Germany), European Lawyer (University Würzburg), Specialist lawyer for public procurement law
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These European regulations are adapted to the specific characteristics of defence procurement, which are usually particularly complex and sensitive. In Germany, the EU rules are implemented in particular in the Act against Restraints of Competition (GWB), the Public Procurement Ordinance for Defence and Security (VSVgV), Section 3 of the German Construction Contract Procedures (VOB/A-VS), and the Bundeswehr Procurement Acceleration Act (BwBBG).

With the so-called Defence Readiness Omnibus, the European Commission launched a new initiative in June 2025 to strengthen European defence readiness, among other things, by modernising procurement rules.

These special procurement rules are particularly important for the Bundeswehr, authorities and organisations with security tasks (BOS), as well as for companies active in the defence and security sector.

Our Services in Defence & Security Procurement for Public Contracting Authorities and Bidding Companies:

  • Legal review of the necessity of a procurement procedure (e.g., general and specific procurement exemptions, §§ 107, 117, 145 GWB, Art. 347 TFEU)
  • Expert opinions on public procurement law issues and matters
  • Preparation and optimisation of tender documents, such as procurement/contract documents, notices, etc.
  • Support in the evaluation of bids and applications for participation
  • Comprehensive support for contract negotiations and clarification meetings
  • Handling of relevant information and procedural complaints
  • Preparation of procedural complaints and letters of non-remedy
  • Forensic representation before public procurement chambers and senates, as well as civil courts
  • Monitoring of contract performance
  • In-house training courses
  • Preparation of internal procurement guidelines, public procurement manuals, including templates for tender documents, etc.