responsibility finder
Schleswig-Holstein

Price law audits are a task of the public sector to ensure compliance with the provisions of Regulation PR 30/53 in public procurement. This regulation is part of commercial law. It stipulates that higher prices may not be demanded, promised, agreed, accepted or granted than is permitted under the provisions of this regulation. The regulation and price review are intended to protect the public sector from excessive prices.

Prices may be excessive if

• higher prices are charged to the contracting authority for marketable services than to civilian customers on the general market, or

• in the case of contracts at cost price, if the prices charged exceed the costs of providing the service (including profit). The costs are those that are appropriate according to the guidelines for price determination on the basis of cost prices (LSP).

The Kiel Price Monitoring Office (PÜ) audits public contracts within the meaning of this regulation on a sovereign basis on the basis of Regulation PR 30/53. It has the right to carry out an initiative audit. Contracts from the federal government, federal states, municipalities and associations of municipalities as well as other legal entities under public law are eligible for review. The group of contractors of such a contract is not restricted. Under certain conditions, a price audit is also possible for indirect contractors of a public contract in accordance with this ordinance. As part of the price review, the PÜ exercises its discretion in deciding which contracts are to be reviewed.

Construction services are explicitly not covered by the regulation and therefore not subject to price verification.