horak.
RECHTSANWÄLTE PARTNERSCHAFT MBB /
SPECIALIST LAWYERS / PATENT ATTORNEYS /

horak Rechtsanwälte – Vergaberecht

Public procurement for contracting authorities and bidders

Fixed-fee procurement advice

A fixed fee can offer planning certainty when the assignment is sufficiently defined. The document set, review depth, deliverables and included steps should be agreed so that both sides understand the same scope.

Define what is included

Specify the documents, questions, result format and any included revision rounds. The agreement should address assumptions and the handling of additional materials. A fixed price for one assessment is not automatically a price for an entire procurement dispute.

Other costs and changes

Clarify expenses, taxes, procedural fees and any expert costs. Where new work is requested, agree its treatment before it becomes substantial. Applicable statutory fee requirements must also be considered for the particular assignment.

Four practical examples

The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.

Example 1: Defined package

A fee covers review of listed documents. Substantial new annexes may require an additional agreement.

Example 2: One-off assessment

A bidder seeks an initial opinion. A later complaint or review proceeding is included only if agreed.

Example 3: Revision rounds

A buyer expects several versions. The agreement describes the extent of revisions covered.

Example 4: External costs

An expert or review body charges fees. These are not automatically part of a fixed fee for legal advice.

Related topics

Request a tailored fee proposal · Hourly fees for procurement advice · Legal fees and procedural costs

Discuss your procurement

For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.

Updated 13 November 2026. Illustrative guidance on German and EU procurement law.

Deutsche Fassung

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