On September 15, 2020, the procurement office of the Federal Armed Forces Office for Equipment, Information Technology and Use of the Bundeswehr (BAAINBw - Federal Office for Equipment, Information Technology and Use of the Bundeswehr) announced the winner of the tender in the procurement process for the "Assault Rifle System" project, the company C.G. Haenel GmbH, as stated by the German Ministry of Defense. The procurement office was alerted to a possible patent infringement by C.G. Haenel during the examination of a subsequent complaint and a challenge by the 1st Federal Procurement Chamber at the Federal Cartel Office.

The internal investigations launched thereafter resulted in the conclusion that a corresponding patent infringement by the bidder C.G. Haenel GmbH against the bidder Heckler and Koch cannot be ruled out. As a result, the Federal procurement office revoked the information letter (§ 134 GWB) to the bidders about the intended award to C.G. Haenel GmbH on October 9.

This action does not constitute a cancellation of the entire procurement process. The Federal Ministry of Defense and the BAAINBw subsequently thoroughly reviewed the ongoing procurement process for the G 36 successor. As a result, it was found that the principle of equal treatment of bidders was ensured. Additionally, the other principles of competition and transparency in procurement law were adhered to.

However, the review did not provide a definitive clarification on the patent issue.

The potential impact of the raised patent issue on the further course of the procurement process is currently being evaluated. To make an independent and reliable decision, the Federal Ministry of Defense has commissioned an independent patent lawyer to prepare an expert opinion. Based on this opinion, an assessment will be made on what consequences need to be drawn in the procurement procedure.

Haenel advertisement. The selection process was not completely suspended, but downgraded pending resolution of open issues - namely patent infringements.

The Federal procurement office will enter into a reassessment of the bids taking into account all aspects upon submission of the expert opinion. Only then will the procurement process be able to continue.

Until then, German soldiers have a high-performance weapon in the G36 assault rifle (Editor's note: Funny phrasing, as that was exactly the reason why the G36 was supposed to be replaced). For complete transparency, the BMVg has provided a comprehensive report to the parliament, the parliamentary commissioner for the armed forces, and the Federal Court of Auditors. The public part is attached as an annex. If you want the full story: HERE is the public information on the successor decision available for download.

HAENEL DEFENCE online: www.cg-haenel.de/defence_de

HECKLER & KOCH online: www.heckler-koch.com

The Bundeswehr online: www.bundeswehr.de

More on Bundeswehr Assault Rifle on SPARTANAT

HERE we introduce the Haenel MK556 on SPARTANAT.

HERE the Bundeswehr confirms the decision.

HECKLER & KOCH responds to the Bundeswehr's decision.

Haenel explains about the MK556.

Bundeswehr Assault Rifle: The Empire Strikes Back.