Federal Government calls for the regional production of urgently needed masks and protective gowns


After we've been informing about the regulatory requirements for the production of simple masks and on current recommendations of the EU Commission in connection with conformity assessment procedures of various face masks, respiratory masks and protective equipment, the Federal Ministry of Health has now posted on its own website a call for tenders for the regional production of urgently needed protective equipment, such as respiratory masks, surgical masks or protective gowns. It is planned to award the contract within the framework of urgency proceedings in a negotiated procedure without publication.

Corresponding offers on the part of the manufacturers must be submitted at short notice by 24:00 hrs on 7 April 2020. Essential conditions are that the production site is located in Germany, that certain weekly minimum quantities are observed and that the first delivery can be made by 15 August 2020. The initial term of the planned framework agreements shall be until the end of 2021.

Both the procedure chosen and the short deadlines and the restriction to production sites in Germany are justified in the invitation to tender by the specific requirements of the corona crisis. Public clients have received a certain backing for such procedure - which is rather uncommon from a public procurement law point of view - through the Guidance from the European Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis published on 1 April 2020.

The tender documents for the framework agreement for the supply of protective equipment are available for download here.

We are available for further questions at any time and provide additional current information and guidelines on our focus page on the corona/COVID-19 epidemic.

Dr Rut Herten-Koch, M.A.

Dr Rut Herten-Koch, M.A.
+49 30 52133 16421

Cornelia Yzer

Cornelia Yzer
Of Counsel
+49 30 52133 21175