Tobias Osseforth, Mag. rer. publ.

Expertise

Public Procurement Law / Government Contracts Law

  • IT Procurement Law (procurement of software; preparation of EVB IT contracts; outsourcing etc.)
  • Procurement of framework agreements (with particular attention to the ECJ, judgment of 19.12.2018, case C-216/17 – Obligation to indicate at the outset the quantity and maximum amount of services that will be covered by that agreement)
  • Practical experience in the health sector (hospitals, nursing homes, health insurance companies)
  • Cooperation with research institutions
  • Building contract law (new construction and renovation of schools; kindergartens; concert halls and museums; BIM procedure;) incl. purchase of facility management services
  • Procurement of architectural and engineering services (property planner; structural engineer; other specialist planner; project manager) – VgV-Procedure
  • Designing architectural competitions (building construction and urban planning)
  • Awarding transport services (school transport and other transport services)
  • Purchase of catering and catering services (as public contracts or service concessions - KonzVgV)
  • Supporting entities operating in the water, energy, transport and postal services sectors (SektVO)
  • Advice for entities in the fields of defense and security (Directive 2009/81/EC)
  • Defense against reclaiming of funds
  • Review procedures; representation before the procurement chambers and before courts
  • Strategic advice (support in setting purchasing bodies, development and optimization of procurement guidelines and forms, creation of forms, optimization of procurement management, compliance for public clients and companies; e.g. through measures for so-called "self-cleaning")
  • Legal advice during the project (securing funding, process optimization, due diligence)

Digitalization & Innovation

  • Legal advice on digital transformation for innovative companies
  • Support in regulatory issues regarding algorithms
  • Development of solutions for data protection and cyber security
  • Solving questions of liability law when using artificial intelligence (AI)
  • Tailor-made IT contracts (cloud, SaaS, data science, on-premise solutions etc.)
  • Legal advice on the digital transformation to Administration 4.0
  • Support in the innovation, procurement, optimization and implementation of GovTech (digital solutions for citizens and the administration)

Industries

  • Health Care & Life Sciences (hospitals, nursing homes and health insurance funds)
  • State authorities (ministries and subordinate authorities, governments and judicial bodies)
  • Municipal authorities (district offices, districts, municipalities and administrative communities)
  • Construction and infrastructure – construction public procurement law; VOB/A (nurseries, kindergartens, schools, sports and multi-purpose halls, hospitals, nursing homes and multi-storey car parks)
  • IT and telecommunications – IT Public Procurement Law
  • Energy and utility industry – Public Procurement Law for public utilities and district heating companies (SektVO)
  • Science & Research (universities, reserach institutes)
  • Art (museums, theaters and conservatories)
  • Churches and charitable organizations
  • Authorities and organizations with security tasks (BOS)
  • Transport (student transport services, disabled transport services, rail transport / public passenger transport, Regulations (EU) No. 2016/2338 and (EC) No 1370/2007)
  • Concessions: construction concessions and service concessions (KonzVgV)
  • Defense and Security Area (VSVgV)
  • Public-private partnerships; PPP
  • Innovative companies

Reputation

  • Legal 500 Germany 2020Recommended lawyer and honored for the third time in a row as "Next Generation Lawyer" ("I got to know Tobias Osseforth as a walking encyclopedia of public procurement law. There is no area of public procurement law in which he is not very brilliantly versed.", Client)
  • JUVE handbook 2019|2020: Often recommended lawyer (Government Contracts Law, "very good expertise, goal-oriented and solution-oriented work", client; "he is becoming more and more visible and he is really very good", "creative mind with high problem-solving skills", competitor)
  • WirtschaftsWoche: Recommended as TOP lawyer 2019 Public Procurement Law
  • Handelsblatt & Best Lawyers 2019: Tobias Osseforth is one of the best lawyers in the field of Public Law in Germany
  • The Legal 500 Germany 2019: Recommended lawyer and honored as "Next Generation Lawyer" ("characterized by his fast, solution-oriented work")
  • JUVE handbook 2018|2019: Often recommended lawyer (Government Contracts Law, "very detailed expertise combined with high analytical precision", competitor; "goal-oriented and solution-oriented, very good and trusting cooperation", client)
  • The Legal 500 Germany 2018: Recommended lawyer and honored as "Next Generation Lawyer" "excellent expertise, extremely high accessibility and flexibility, resilience, clever negotiation and clear communication")
  • JUVE handbook 2017|2018: "Very good expertise as well as goal- and solution-oriented work"
  • The Legal 500 Germany 2017: Recommended lawyer ("also takes time for additional questions")
  • The Legal 500 Germany 2016: Recommended lawyer ("technically excellent")

Career

  • Law studies at University of Passau (Germany / Bavaria)
  • Law studies at King's College London (scholarship)
  • Administrative Science at University of Speyer (master's degree "Mag. rer. publ.")
  • 2005–2008 Management consultant at kuhr & partner in Cologne
  • 2006–2011 Co-founder, co-partner and general manager of the start-up company 1st Steel in Cologne
  • 2011–2016 Lawyer and associated partner of the law firm Graf von Westphalen (GvW) in Munich
  • Since 2012 Co-editor and author of the legal commentary Public Procurement Law published by WEKA Verlag (Dieckert/Osseforth/Steck)
  • Since 2015 Certified lecturer at the Bavarian School of Administration (BVS)
  • Since 2016 Certified Public Procurement Lawyer
  • Since 2016 Member of the Awards Committee at the Bar Association Munich for awarding the title of Certified Public Procurement Lawyer
  • Since 2016 Vice Chairman of the Association of Certified Public Procurement Lawyers (VFV)
  • Since 2016 Lawyer and partner of the law firm LUTZ | ABEL
  • Editor of the refereed journal “Vergabepraxis & -recht”
  • Ongoing speaker activity for various seminar providers

Memberships

Deutschlands Beste Anwälte Tobias Osseforth Vergaberecht Deutschlands Beste Anwälte 2019 Tobias Osseforth

The Legal 500 Germany: Recommended lawyer and awarded as "Next Generation Lawyer" 

"excellent expertise, extremely high accessibility and flexibility, resilience, clever negotiation and clear communication"