Bid Waiver Template for Germany

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Key Requirements PROMPT example:

Bid Waiver

"I need a Bid Waiver document for procuring proprietary software maintenance services from the original developer valued at €200,000, to be delivered by March 2025, as they are the only company with access to the source code."

Document background

A Bid Waiver is a critical administrative document used in German public procurement when standard competitive bidding procedures need to be bypassed. It is primarily utilized in situations where only one contractor can fulfill the requirements, in cases of extreme urgency, or when specific technical or legal circumstances justify a direct award. The document must comply with the German Competition Act (GWB), Public Procurement Ordinance (VgV), and Federal Budget Code (BHO), while also adhering to EU procurement directives. A Bid Waiver must include comprehensive justification, market analysis, technical specifications, and proof of budget availability. It requires various levels of review and approval to ensure transparency and proper use of public funds, while protecting the contracting authority from legal challenges and audit findings.

Suggested Sections

1. Parties: Identification of the contracting authority and the proposed contractor

2. Background: Context of the procurement need and basic project information

3. Definitions: Key terms used throughout the document

4. Legal Basis: Specific provisions of procurement law allowing for the bid waiver

5. Project Description: Detailed description of the goods/services to be procured

6. Justification: Detailed reasoning why a competitive bidding process is not required or feasible

7. Market Analysis: Evidence of market research and price reasonableness

8. Budget Confirmation: Confirmation of available budget and compliance with BHO requirements

9. Technical Requirements: Specific technical requirements and standards to be met

10. Contractor Qualifications: Evidence of the proposed contractor's unique qualifications or circumstances

11. Compliance Declaration: Statement of compliance with relevant laws and regulations

12. Approval Requirements: Required approval levels and signatures

Optional Sections

1. Emergency Declaration: Required when the waiver is based on emergency circumstances

2. Intellectual Property Rights: Required when the procurement involves proprietary technology or exclusive rights

3. Security Requirements: Required for procurements involving sensitive or classified information

4. Previous Procurement History: Include when there are relevant previous procurement attempts or related contracts

5. Alternative Solutions Analysis: Required when justifying why alternative solutions or suppliers are not viable

6. Timeline Justification: Required when urgent timing is part of the waiver justification

Suggested Schedules

1. Market Research Documentation: Evidence of market research, including competitor analysis and price comparisons

2. Cost Analysis: Detailed breakdown of costs and price reasonableness determination

3. Technical Specifications: Detailed technical requirements and specifications

4. Contractor Qualifications Documentation: Evidence of contractor's unique capabilities or circumstances

5. Legal Opinions: Any supporting legal opinions or precedents

6. Budget Documentation: Evidence of budget availability and approvals

7. Timeline Documentation: Project timeline and milestone schedule

8. Risk Assessment: Analysis of risks associated with the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Public Administration

Defense

Healthcare

Education

Infrastructure

Transportation

Information Technology

Energy

Environmental Services

Research and Development

Urban Development

Public Safety

Telecommunications

Waste Management

Cultural Services

Relevant Teams

Legal

Procurement

Finance

Compliance

Internal Audit

Technical Operations

Risk Management

Administrative Services

Project Management

Budget Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Administrator

Public Authority Director

Budget Officer

Technical Specialist

Compliance Officer

Internal Auditor

Project Manager

Department Head

Purchasing Officer

Risk Manager

Financial Controller

Administrative Officer

Public Procurement Specialist

Find the exact document you need

Waiver Application

A formal German law document requesting exemption from specific legal requirements or regulations, following German administrative procedures.

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Authors

Alex Denne

Find the exact document you need

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Time Waiver

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Liability Waiver For Contractor

Divorce Waiver

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Social Media Waiver

Escape Room Waiver

Character Waiver

Theft Waiver

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Pool Liability Waiver

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Waiver Contract

Payment Waiver

Parent Guardian Waiver For Minors

Interest Waiver

Credit Waiver

Medical Waiver

Bid Waiver

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Volunteer Liability Waiver

Privacy Waiver

Risk Waiver

Travel Waiver

Legal Waiver

Parental Waiver

Media Waiver

Waiver Agreement

Rental Waiver

Cancellation Fee Waiver

Application Fee Waiver

Consent Waiver

Non Liability Agreement

Confidentiality Waiver

Indemnity Waiver