Abnormally Low Tender in Public Procurement Law
Abnormally low tender: price appears inappropriately low. Duty of clarification. § 123 BVergG 2018, Art. 69 Directive 2014/24/EU. Exclusion where no explanation given.
Above-Threshold Area in Public Procurement Law 2026
Above-threshold area in public procurement law: EU-wide tender obligation once thresholds are reached – legal framework, procedure types, deadlines and legal protection.
Above-Threshold Contract Value in Public Procurement Law 2026
Above-threshold contract value: contract value above the EU thresholds with full application of EU procurement law – calculation, aggregation and current values 2026.
Accelerated Procedure in Procurement Law 2026
Accelerated procedure in procurement law: shortening of minimum deadlines in cases of urgent need. Conditions under Directive 2014/24/EU.
Acceleration Bonuses in Procurement Law 2026
Acceleration bonuses in procurement law: additional remuneration for accelerated performance. Admissibility, limits and contractual design.
Acceptance of Tender in Public Procurement Law 2026
Acceptance of tender in procurement law: the award as legal acceptance of the tender, distinction from the award decision and conclusion of contract.
Act against Restraints of Competition (GWB) – Procurement Law 2026
The GWB is Germany's central competition and procurement act. Part 4 governs public procurement above the EU thresholds.
Adequacy of the Bid in Public Procurement Law 2026
Adequacy of the bid: examination obligation for abnormally low prices, clarification procedure and legal consequences in public procurement law.
Alternative Items in Public Procurement Law 2026
Alternative items in the bill of quantities: conditional items that are only ordered if required. Distinction from contingent and optional items.
Alternative Tender in Public Procurement Law
Alternative tender: a tender with an alternative solution for functional specifications. Only admissible on express authorisation. § 106 BVergG 2018, § 35 VgV.
Amended Tender in Public Procurement Law
Amended tender: a tender that deviates from the tender conditions. Inadmissible in principle unless expressly allowed. § 105 et seq. BVergG 2018.
Amendment of Procurement Documents 2026
Amendment of procurement documents: conditions and limits for corrections and additions to already published tender documents.
Appeal Deadline in Procurement Law 2026
Appeal deadline in procurement law: two-week deadline for the immediate appeal against decisions of the procurement chamber. Calculation, start and consequences of missing it.
Appeal Instance in Public Procurement Law 2026
Appeal instance in public procurement law: the Higher Regional Court as second instance in procurement review proceedings. Jurisdiction, procedure and decision-making powers.
Appeal Statement in Procurement Law 2026
Appeal statement in procurement law: content and form of the reasoning of the immediate appeal against decisions of the procurement chamber. Deadlines and requirements.
Appeals Procedure in Procurement Law 2026
Appeals procedure in procurement law: overview of review, complaint and appeal on points of law in Austrian and German procurement legal protection.
Architectural and Engineering Services in Public Procurement Law 2026
Procurement of architectural and engineering services: special features, procedure types, HOAI context and legal basis in public procurement law 2026.
Archiving Period in Public Procurement Law 2026
Archiving period in public procurement: how long must procurement files be retained? Statutory periods in Austria and Germany, legal basis.
Artificial Intelligence in Public Procurement 2026
Artificial intelligence in public procurement: procurement of AI systems, EU AI Act, awarding AI development services and using AI in tendering processes.
Assessment Criteria in Public Procurement 2026
Assessment criteria in public procurement: the standards used to evaluate bidders and tenders. How they relate to selection and award criteria.
AVV Klima in Procurement Law 2026
AVV Klima: the General Administrative Regulation on the Procurement of Climate-Friendly Services in Germany. Scope, requirements and implementation.
Award by Lots in Public Procurement 2026
Award by lots in public procurement: separate award of individual lots of a divided contract, bidder rights, combination bids and documentation obligations.
Award Decision 2026 – Contract Award and Bidder Notification
Award decision: The contracting authority's decision on contract award. Duty to give reasons, prior information and remedy deadlines.
File Inspection in Public Procurement Law 2026
File inspection in public procurement: right of unsuccessful bidders to inspect procurement files in review proceedings. Scope, limits and applications explained.
Inquisitorial Principle in Public Procurement Law 2026
Inquisitorial principle in procurement review proceedings: procurement chambers investigate the facts of their own motion. Distinction from the adversarial principle.
Official Journal of the European Union in Procurement Law 2026
The OJEU is the official publication medium for EU-wide contract notices. Structure, Supplement (TED) and significance for bidders explained.
Official List of Prequalified Economic Operators (AVPQ) 2026
The AVPQ is the official prequalification register for suppliers and service providers in Germany. Registration, effect and use explained.
Opening of Tenders in Public Procurement Law
The opening of tenders (submission) is the formal opening of received tenders after expiry of the tender deadline, in compliance with the principle of transparency.
Paper Tenders in Public Procurement Law 2026
Paper tenders are in principle no longer admissible in the EU above-threshold sector. When exceptions apply and what rules govern the below-threshold sector.
Rejection in Public Procurement Law 2026
Rejection in procurement law: notification that a tender will not be selected. Content, deadlines and legal consequences of bidder information explained.
Rejection Letter in Public Procurement Law 2026
The rejection letter informs unsuccessful bidders of non-selection and triggers the standstill period. Content, form and common errors explained.
Request Deadline in Public Procurement Law 2026
The request deadline in procurement law is the time limit within which bidders can request procurement documents. Distinction from the tender deadline explained.
Sign-off Levels in Public Procurement Law 2026
Sign-off levels in procurement: internal approval hierarchies for public procurement. Importance for legal certainty and compliance explained.
Tender Assessment in Public Procurement Law 2026
Tender assessment in procurement law: methods, criteria and process for assessing bidder tenders. Distinction from tender evaluation and price examination explained.
Tender Deadline in Public Procurement Law
The tender deadline is the legally regulated time limit within which bidders must submit their tender to the public contracting authority.
Tender in Public Procurement Law
A tender is the binding declaration of intent of a bidder to provide the works/services advertised at a specified price.
Tender Price and Contract Sum in Public Procurement Law 2026
Tender price and contract sum in procurement law: definition, calculation and legal significance for public contracts in Austria and Germany.
Basic Item in Procurement Law 2026
Basic item refers to a mandatory single item in the bill of quantities that the bidder must offer and price.
Below-Threshold Area in Procurement Law 2026 – National Procurement Below the EU Threshold
Below-threshold area in procurement law: contracts below the EU thresholds. Applicable law, procedures and differences to the above-threshold area.
Best Bidder Principle in Public Procurement Law
Best bidder principle: award to the most economically advantageous tender based on quality & price. Section 91 BVergG 2018. Opposite of the lowest-price principle.
Best Offer Principle in Public Procurement Law 2026
Best offer principle in public procurement law: award to the most economically advantageous tender rather than the lowest-priced. Difference from the lowest-price principle.
Bid Evaluation in Public Procurement Law 2026
Bid evaluation in public procurement: procedure, award criteria, evaluation matrix and legal requirements in Austria and Germany.
Bid Examination and Evaluation in Public Procurement Law 2026
Bid examination and evaluation: the full process from bid opening to award decision – phases, methods and legal requirements.
Bid Examination in Public Procurement Law
Bid examination is the formal and substantive review of submitted tenders by the contracting authority after the bid opening.
Bid Opening Deadline in Procurement Law 2026
Bid Opening Deadline: The scheduled time for opening bids in a procurement procedure – deadline rules, postponement and legal consequences.
Bid Opening in Public Procurement Law
Bid opening (submission) is the formal opening of submitted tenders by the contracting authority after the bid submission deadline has expired.
Bid Opening Office in Procurement Law 2026
Bid Opening Office: The contracting authority's body responsible for receiving and opening bids in the procurement procedure.
Bid Opening Results in Procurement Law 2026
Bid Opening Results: The outcome of the bid opening in a procurement procedure – content, disclosure and legal significance.
Bid Rigging in Procurement Law 2026
Bid rigging: unlawful collusion between bidders to manipulate award procedures – competition law, procurement law and criminal law consequences.
Bidder Communication in Public Procurement 2026
Bidder communication in public procurement: permitted communication channels, equal treatment, electronic channels and documentation duties in procurement procedures.
Bidder Conference in Public Procurement 2026
Bidder conference in public procurement: purpose, conduct, legal requirements and documentation duties for information events held for prospective bidders.
Bidder Consortium in Public Procurement 2026
Bidder consortium: grouping of several operators for the joint submission of a tender in a public procurement procedure. Definition, legal basis, duties.
Bidder in Public Procurement
A bidder is an economic operator that has submitted a tender to the contracting authority within a procurement procedure.
Bidder Question in Public Procurement 2026
Bidder question in public procurement: the bidder's right to clarification, deadlines, the contracting authority's duty to answer, and equal treatment of all participants.
Bidder Questions in Public Procurement
Bidder questions are enquiries from bidders or candidates to the contracting authority intended to clarify ambiguities in the procurement documents.
Bidder Rights in Public Procurement 2026
Bidder rights: the claims and procedural rights of operators in public procurement procedures. Rights to information, review, file inspection and damages.
Bidding Consortia in Public Procurement 2026
Bidding consortia in public procurement: legal basis, admissibility, requirements, liability and distinction from anti-competitive arrangements.
Bidding Consortium in Public Procurement
A bidding consortium is a grouping of several economic operators that submit a joint tender in a procurement procedure.
Bidding Consortium in Public Procurement Law
A bidding consortium (ARGE) is an association of several companies for the joint submission of a tender without separate legal personality in the procurement procedure.
BIM (Building Information Modeling) in Public Procurement Law 2026
BIM in public procurement law: digital planning method for construction projects and its significance for public tenders. Obligations, standards and implementation.
Binding Period in Procurement Law
The binding period is the period during which a bidder is bound by its tender and within which the contracting authority must make the award.
Biodiversity in Public Procurement 2026
Biodiversity in public procurement law: how contracting authorities can use the protection of biological diversity as an award criterion or performance requirement.
Blue Angel in Public Procurement Law 2026
Blue Angel: German ecolabel as evidence in public procurement procedures. Admissibility, requirements and the principle of equivalence at a glance.
Body Governed by Public Law in Public Procurement 2026
Body governed by public law: procurement law term for state-controlled organisations as contracting authorities. Definition and criteria.
Budgetary Law in Procurement Law 2026
Budgetary law governs the management of public finances and, together with procurement law, forms the basis for lawful public procurement.
Building Information Modelling (BIM) in Procurement Law 2026
Building information modelling: significance for public tenders and digital planning. Standards, levels of development and procurement requirements.
Building Type E in Procurement and Construction Law 2026
Building Type E: Germany's new simplified construction concept – legal basis, deviation from technical standards, and relevance for public construction tenders.
Buyer Profile in Procurement Law
The buyer profile is the online profile of a contracting authority containing tender information, enabling shortened deadlines and promoting transparency.
Cancellation of Tender in Public Procurement Law 2026
Cancellation of tender: termination of a procurement procedure without contract award. Conditions, legal consequences and bidder protection explained.
Candidate in Public Procurement
A candidate is an economic operator that has submitted a request to participate in a multi-stage procurement procedure but has not yet submitted a tender.
Cascade Principle in Procurement Law
The cascade principle describes the hierarchical application of different procurement law regimes from EU law through national law down to budget law.
Change Order Management in Public Procurement 2026
Change order management in public procurement: systematic control of contract modifications in public contracts for cost control and legal compliance.
Circular Economy Act in Public Procurement 2026
Circular Economy Act (KrWG) in public procurement: waste prevention, recycling obligations and integrating circular-economy goals into public procurement.
Clarification Negotiations in Public Procurement Law 2026
Clarification negotiations: oral clarification of tender content in a procurement procedure. Admissibility, procedure and distinction from negotiations.
Classified Information Protection in Procurement Law 2026
Classified information protection in procurement law: special confidentiality requirements for security-sensitive procurement – legal basis, VSVgV and NATO security rules.
Clean Vehicle Directive in Public Procurement Law 2026
Clean Vehicle Directive: EU directive promoting clean vehicles in public procurement. Minimum quotas, definitions and national transposition.
Clean Vehicles Procurement Act 2026 – Public Procurement
The Clean Vehicles Procurement Act regulates minimum quotas for low-emission vehicles in public procurement. Requirements and scope of application.
Climate-Friendly in Procurement Law 2026
Climate-friendly in procurement law: taking account of climate-conscious criteria when awarding public contracts as a contribution to climate protection.
Climate-Neutral in Procurement Law 2026
Climate-neutral in procurement law: requirement that procured services cause no net greenhouse gas emissions, as an award criterion or contract term.
CO2 Equivalent in Public Procurement Law 2026
CO2 equivalent in public procurement: unit of measurement for greenhouse gas emissions as a basis for climate-related award criteria and performance requirements.
Collective Agreement and Minimum Wage Act 2026 – Procurement Requirements
State collective agreement and minimum wage acts: obligations for bidders on public contracts, declaration requirements and current legal position 2026.
Collective Agreement and Procurement Act 2026 – Significance in Public Procurement
Collective agreement and procurement acts oblige contractors of public contracts to comply with collective wages. Overview of state-level regulations.
Collective Agreement Compliance in Procurement Law 2026 – Obligations for Public Contracting Authorities
Collective agreement compliance in procurement law: obligation to pay collectively agreed wages on public contracts. Legal basis, requirements and consequences.
Commercial Contracting Party in Procurement Law 2026
Commercial contracting party denotes private undertakings that award contracts without being subject to procurement law as public contracting authorities.
Commercial Tender in Procurement Law 2026
Commercial tender refers to tenders by private or mixed contracting parties that are not subject to public procurement law.
Commercial Variant Bid in Procurement Law 2026
Commercial variant bid: an alternative bid relating to payment or delivery terms, submitted alongside the main bid in procurement procedures.
Community Law in Procurement Law 2026
Community law in procurement law: EU primary and secondary law as the foundation of European procurement law – directives, regulations and the principle of primacy.
Company and Supplier Register in Public Procurement 2026
Company and supplier register: databases for suitability assessment in public procurement. Function, legal basis and practical relevance.
Company Prequalification in Public Procurement 2026 – Streamlined Suitability Evidence
Company prequalification: advance assessment of suitability for public contracts. PQ-VOB, procedure, benefits and legal foundations explained.
Company Size in Public Procurement 2026 – SMEs and Public Contracts
Company size in public procurement: relevance for SME support, division into lots and suitability requirements. Definitions and legal foundations in 2026.
Competition in Procurement Law 2026
Competition as a fundamental principle of procurement law: significance, statutory basis, competitive architecture and protection against distortions of competition explained.
Competitive Dialogue Procurement Law
The competitive dialogue under EU procurement law enables the joint development of solutions for particularly complex contracts – conditions, process and national rules.
Complainant in Public Procurement Law 2026
Complainant in public procurement law: the party lodging an immediate appeal against a decision of the public procurement tribunal. Rights, obligations and requirements.
Compliance in Public Procurement Law 2026
Compliance in public procurement law: regulatory conformity in public procurement procedures. Grounds for exclusion, self-cleaning, anti-corruption obligations and compliance management.
Concession Award in Procurement Law
Concession award: the award of works and services concessions with operating risk on the concessionaire. Threshold EUR 5,538,000, Directive 2014/23/EU.
Concession Award Regulation (KonzVgV) 2026
Concession Award Regulation (KonzVgV): German regulation transposing the EU Concessions Directive 2014/23/EU for concession awards above the threshold.
Concession Contract in Procurement Law 2026
Concession contract: a contract between a public grantor of a concession and a concessionaire on the transfer of the right and risk of operating a public service.
Concession in Procurement Law 2026
Concession in procurement law: a contract by which a public contracting authority transfers to an undertaking the right to perform a service and thereby to bear the operating risk.
Concessionaire in Procurement Law 2026
Concessionaire: economic operator to whom the right to provide a works or services concession is transferred by a concession contract.
Conditions for Participation in Public Procurement 2026
Conditions for participation in public procurement: content, function and legal requirements for participation documents in public tenders in Germany and Austria.
Confidentiality in Procurement Law 2026
Confidentiality in procurement law: protection of confidential information in tender procedures – scope, limits, and the relationship with the duty of transparency.
Conformity Assessment Bodies in Procurement Law 2026
Conformity assessment bodies: accredited testing bodies for technical evidence in public procurement law – function and requirements.
Consortium (ARGE) in Public Procurement Law 2026
Consortium in public procurement: several companies apply jointly. Requirements, liability and distinction from a bidding consortium explained.
Construction Contract Law in Procurement 2026
Construction contract law: legal foundations for construction contracts between contracting authorities and construction companies. VOB/B, ABGB, BGB and ÖNORM B 2110.
Construction Works in Procurement Law 2026
Construction works in procurement law: definition, distinction from supplies and services, EU threshold of EUR 5.5 million. Regulations VOB/A and BVergG 2018.
Constructive Specifications in Procurement Law
Constructive specifications: precise prescription of the manner of execution including materials and dimensions. Article 42(3)(a) Directive 2014/24/EU, § 95 BVergG 2018, VOB/A § 7.
Contingent Item in Public Procurement 2026
Contingent item in the bill of quantities: conditional work item that is only performed on express call-off by the contracting authority. Austria & Germany.
Contract Award in Public Procurement Law
Contract award refers to the entire process of public procurement – from needs assessment through the procurement procedure to the conclusion of the contract.
Contract Notice 2026 – Duties and Content
Contract notice: Public announcement of a procurement procedure. Content, deadlines, TED publication and national notice requirements.
Contract Value in Public Procurement Law
The contract value is the estimated total value of a contract excluding VAT, which determines the application of procurement law and the choice of procedure.
Contract Volume in Public Procurement Law 2026
Contract volume: total value of a public contract as the basis for choosing the procurement procedure and applying EU thresholds.
Contracting Authority in Public Procurement Law
The contracting authority is the public entity that conducts a procurement procedure and awards a public contract.
Contractor in Public Procurement Law
The contractor is the economic operator to whom the contract has been awarded and who provides the tendered service on the basis of the procurement contract.
Correction in Procurement Law 2026
Correction in procurement law: subsequent correction of errors in procurement documents or notices. Admissibility, form and deadlines.
Correction of a Notice in Procurement Law 2026
Correction of a notice (corrigendum): correction of defective contract notices on TED. Conditions, procedure and deadlines.
Corrigendum Notice in Public Procurement Law 2026
Corrigendum notice in public procurement: definition, occasions for change notices and legal requirements when amending contract notices.
Corruption in Public Procurement 2026
Corruption in public procurement: manifestations, exclusion grounds for corrupt bidders, prevention duties of contracting authorities and criminal consequences.
Corruption Offences in Public Procurement 2026
Corruption offences in public procurement: criminal offences, mandatory exclusion grounds, self-cleaning and preventive measures for bribery and acceptance of advantages.
Cost Estimate in Public Procurement 2026
Cost estimate in public procurement: estimating the contract value to determine thresholds – methods, prohibition of manipulation and consequences of incorrect estimates.
Cost-Plus Rate in Procurement Law 2026 – Definition and Distinction
The cost-plus rate is a form of remuneration in construction in which services are billed according to actual expenditure. Distinction from unit prices.
Cover Letter in Public Procurement Law 2026
Cover letter in public procurement: function, content and legal significance of the accompanying letter to a tender submission or invitation in public procedures.
Cover Sheet Procedure in Public Procurement 2026
Cover sheet procedure in public procurement: simplified procedure for submitting bids using uniform cover-sheet documents, particularly in Austrian construction procurement.
CPV Code in Public Procurement Law
The CPV code is the EU-wide uniform classification system for public contracts and a mandatory entry in contract notices on TED.
CPV Codes in Public Procurement Law 2026
CPV codes are the uniform European classification system for procurement subjects. Structure, use and searching for the right CPV code.
Criteria Catalogue in Public Procurement 2026
Criteria catalogue in public procurement: systematic compilation of suitability and award criteria – structure, weighting, transparency obligations and common errors.
CSR in Public Procurement Law 2026
CSR (Corporate Social Responsibility) in public procurement: social and environmental corporate responsibility as a procurement criterion. Legal basis.
Abnormally Low Tenders in Public Procurement 2026
Abnormally low tenders in public procurement: definition, indicators, the contracting authority's duty to investigate, and consequences for unusually low offers.
Damages Claim in Procurement Law 2026 – Secondary Legal Protection
The damages claim in procurement law enables unsuccessful bidders to obtain monetary compensation after an unlawful award. Requirements, scope and limitation.
De Facto Award in Public Procurement Law 2026
De facto award: unlawful contract conclusion without the prescribed procurement procedure. Overview of challenge, nullity and legal consequences.
De Minimis Rule in Public Procurement 2026
The de minimis rule in procurement and state aid law: minor amounts threshold for state aid. Relevance for contracting authorities and grant recipients.
Deadline Extension in Procurement Law 2026
Deadline extension in procurement procedures: when tender deadlines must or may be extended. Legal basis, mandatory extensions and procedure.
Decarbonisation in Public Procurement 2026
Decarbonisation in procurement law: CO₂ reduction as a procurement objective. Strategic procurement for climate neutrality, instruments and legal bases.
Decentralised Procurement in Public Procurement 2026
Decentralised procurement: contracts awarded autonomously by individual organisational units rather than central purchasing bodies. Advantages and disadvantages in procurement law.
Decision in Public Procurement Law 2026
Decision in public procurement law: separately challengeable decisions, the duty to inform tenderers, deadlines and legal remedies against contract award decisions in Austria and Germany.
Defossilisation in Public Procurement 2026
Defossilisation in procurement law: moving away from fossil fuels as a strategic procurement goal. Criteria, instruments and legal bases.
Design Contest in Procurement Law
The design contest in procurement law is a procedure for obtaining plans in architecture and engineering with an independent jury.
Design-and-Build Tender in Procurement Law 2026
Design-and-build tender: combined award of design and construction. Legal basis and difference from prescriptive tendering.
Digital Signature in Public Procurement 2026
Digital signature in procurement law: technical requirements, legal bases and use in electronic bid submission in public award procedures.
Direct Award in Public Procurement 2026
Direct award: contracting without a formal tender procedure. AT up to EUR 100,000 (§ 41 BVergG 2018). DE: freihändige Vergabe/direct purchase. Risks and limits.
Direct Award with Prior Publication in Public Procurement
Direct award with prior publication: a purely Austrian procurement instrument with optional publication. § 41(2) BVergG 2018. Increased competition.
Direct Contract in Procurement Law 2026
Direct contract: award without a tender procedure below the value thresholds. Definition, conditions, value thresholds in Germany and Austria, and delimitation.
Direct Purchase in Public Procurement 2026
Direct purchase: acquisition of goods or services without a formal award procedure for small contract values. Thresholds, requirements and documentation.
Discretion in Public Procurement Law 2026
Discretion in public procurement: the room for manoeuvre available to contracting authorities in award decisions – limits, control and practical significance.
Division into Lots in Public Procurement 2026
Division into lots in public procurement: obligation to divide contracts into trade and partial lots to promote SMEs and competition.
Documentation Obligation in Public Procurement 2026
Documentation obligation in public procurement: legal basis, scope, procurement report and consequences of inadequate documentation in Germany and Austria.
Drawing of Lots in Public Procurement 2026
Drawing of lots in public procurement: decision by lot in the event of tied bids – requirements, conduct and documentation obligations.
Duplicate Tender in Public Procurement 2026
Duplicate tender in public procurement: definition, problems under procurement law, distinctions, and legal consequences of repeatedly tendering the same service.
Duty of Confidentiality in Procurement Law 2026
Duty of confidentiality in procurement law: statutory obligation to maintain confidentiality during tender procedures – legal basis, scope, and consequences of breach.
Dynamic Purchasing System in Public Procurement
Dynamic Purchasing System: fully electronic procurement system for commonly available services, open to all suitable tenderers. Art. 34 Directive 2014/24/EU.
Dynamic Purchasing Systems (DPS) in Public Procurement 2026
Dynamic Purchasing Systems (DPS) in public procurement: legal basis, mechanics, advantages and use cases of the fully electronic purchasing system.
Electronic Bid Submission in Public Procurement
Electronic bid submission: mandatory online submission of bids above the thresholds. End-to-end encryption, eIDAS signature, §§ 47 et seq. BVergG 2018.
German Procurement and Contract Committee for Construction Works (DVA) 2026
DVA: the German Procurement and Contract Committee for Construction Works drafts and maintains the VOB. Composition, role and significance for procurement law.
German Procurement Committee for Supplies and Services 2026
DVLD: the German Procurement Committee for Supplies and Services drafted the VOL. History, role and succession by the UVgO.
Implementing Regulation in Public Procurement 2026
Implementing regulation in EU procurement law: significance, key Commission implementing regulations, and their relationship to procurement directives and national law.
Multiple Bidding in Public Procurement 2026
Multiple bidding in public procurement: definition, admissibility, relationship to consortia, and legal consequences of multiple participation in the same procurement procedure.
Non-discrimination Principle in Public Procurement 2026
The non-discrimination principle in procurement: prohibition of disadvantaging bidders on grounds of origin, nationality or other extraneous characteristics. Legal basis.
Performance Retention (Deckungsrücklass) in Procurement
Performance retention: contractor security withheld from the contract price to cover warranty claims. Typically 5% of the final account. § 1170b ABGB. An Austrian-specific concept.
Prohibition of Double Evaluation in Public Procurement
Prohibition of double evaluation: ban on using the same criteria as both selection and award criteria. BVergG 2018, CJEU case law. A key distinction in procurement law.
Service Concession in Public Procurement
Service concession in procurement law: contract for the provision of services in which the concessionaire bears the operating risk. Threshold EUR 5,538,000.
Service Contract in Public Procurement
Service contract: public contract for services; EU threshold EUR 221,000 (other contracting authorities). Governed by Article 2(1)(9) of Directive 2014/24/EU.
Services in Public Procurement 2026
Services in procurement law: definition, distinction from supplies and works, CPV codes and special procedural rules for public service contracts.
Tender Documentation in Public Procurement 2026
Tender documentation: procurement report, retention obligations and requirements for the complete documentation of public procurement procedures in 2026.
Three-stage Negotiated Procedure in Public Procurement 2026
Three-stage negotiated procedure in public procurement: structure, course, legal basis and use cases of the multi-stage negotiated procedure.
Bidder Suitability in Procurement Law 2026
Bidder suitability: the bidder- and company-related requirements for participation in public award procedures. Criteria and evidence.
e-Certis in Public Procurement 2026
e-Certis: EU information system for evidence and certificates in procurement procedures, facilitating cross-border procurement.
E-Government in Public Procurement 2026
E-government in public procurement: electronic administration, e-procurement, legal basis and the digitalisation of public procurement processes in Germany and Austria.
e-Procurement – Electronic Procurement 2026
e-Procurement: the fully electronic handling of procurement procedures – obligation, platforms, and advantages at a glance.
E-Procurement in Public Procurement 2026
E-procurement: the electronic handling of public procurement processes. Definition, legal basis and significance in public procurement law.
E-Procurement Software in Procurement Law 2026
E-procurement software: digital tools for contracting authorities and tenderers to create, manage and submit procurement documents and offers.
E-Tendering in Public Procurement 2026
E-tendering: the fully electronic procurement procedure. Legal obligation, platforms and requirements for contracting authorities and tenderers.
EC Procurement Directives in Procurement Law 2026
EC Procurement Directives: historical EU directives on public procurement before the 2014 reform. Significance and replacement by the current EU directives.
Economic Operator in Procurement Law 2026
Economic operator: the EU-law term for all undertakings and persons that can participate in public procurement competitions.
Economic Operator in Public Procurement 2026 – Concept and Significance
Economic operator in public procurement: who qualifies as an economic operator? Distinction from tenderer and candidate, natural and legal persons, legal foundations.
eForms in Public Procurement
eForms: EU-wide standard notice forms in force since October 2023. Replace earlier standard forms; machine-readable; mandatory above the thresholds. EU 2019/1780.
eIDAS Regulation in Procurement Law 2026
eIDAS Regulation: EU legal framework for electronic identification and trust services. Relevance for electronic signatures in procurement law.
Electronic Auction in Public Procurement
Electronic auction: Iterative electronic process for improving bids after the initial evaluation. Art. 35 Directive 2014/24/EU, §§ 153 et seq. BVergG 2018, § 23 VgV.
Electronic Bid in Public Procurement 2026
Electronic bid in public procurement: bid submitted digitally via e-procurement platforms. Requirements, validity, and difference from paper bids.
Electronic Catalogue in Public Procurement
Electronic catalogue: structured electronic presentation of bids, used in framework agreements. Art. 36 Directive 2014/24/EU, § 24 VgV.
Electronic Communication in Public Procurement 2026
Electronic communication in public procurement: obligation for digital information exchange between contracting authority and bidders. Requirements and exceptions.
Electronic Contract Awarding in Public Procurement 2026
Electronic contract awarding: digital handling of public procurement procedures. Legal obligation, instruments, and benefits in public procurement 2026.
Electronic Invoice in Public Procurement 2026
Electronic invoice in public procurement: obligation for e-invoicing to public contracting authorities. Legal situation in Austria and Germany 2026.
Electronic Marketplace (EMP) in Public Procurement 2026
Electronic marketplace (EMP): digital platform for public procurement below and above the EU thresholds. Function and legal framework.
Electronic Means in Public Procurement
Electronic means in public procurement are procurement platforms and communication channels for e-procurement. Mandatory above the EU thresholds in AT and DE. Governed by Art. 22 Directive 2014/24/EU.
Electronic Procurement (e-Procurement) in Public Procurement 2026
e-Procurement is the fully digital handling of procurement procedures. Overview of legal foundations, platforms, requirements, and deadlines.
Electronic Procurement (e-Procurement) in Public Procurement 2026
e-Procurement: obligation for digital communication above the EU thresholds, procurement platforms, eForms, and electronic bid submission under Art. 22 Directive 2014/24/EU.
Electronic Procurement File (eFile) in Public Procurement 2026
Electronic procurement file in public procurement: digital procurement file capturing all procurement-relevant documents and meeting the statutory documentation obligation.
Electronic Seal in Public Procurement 2026
Electronic seal in public procurement: definition, legal basis under eIDAS, distinction from the electronic signature, and use in electronic bid submission.
Electronic Signature in Public Procurement
The electronic signature enables the legally secure digital signing of bids and contracts in public procurement procedures.
Electronic Submission of Bids in Public Procurement 2026
Electronic submission of bids: obligation to submit bids digitally in public procurement. Overview of requirements, signatures, deadlines, and platforms.
Emission Control Law in Procurement Law 2026
Emission control law governs protection against environmental impacts and is relevant in procurement law as an eligibility requirement and condition of performance.
Emissions in Public Procurement 2026
Emissions in public procurement: climate protection requirements, CO₂ criteria, life-cycle costs, and green procurement in public contracts in Austria and Germany.
eNotices in Public Procurement 2026
eNotices: European Commission online portal for the electronic creation and transmission of notices for the Official Journal of the EU (TED).
Environmental Protection in Public Procurement 2026 – Sustainable Public Procurement
Environmental protection in public procurement law: how contracting authorities embed environmental objectives in calls for tenders. Legal foundations and strategic procurement.
Environmentally Friendly Products in Public Procurement 2026 – Sustainable Procurement
Environmentally friendly products in public procurement: requirements, eco-labels, life-cycle costing and legal foundations in 2026.
Equal Opportunity in Public Procurement Law 2026
Equal opportunity in public procurement law: the principle of equal treatment for all bidders and applicants in public procurement procedures. Basis, application and limits.
Equivalence of Variant Bids in Procurement Law 2026
Equivalence of variant bids governs when alternative or variant offers may be treated as equivalent to the tender specification.
eSenders in Public Procurement Law 2026
eSenders: certified bodies that forward EU-wide procurement notices to TED (the Supplement to the Official Journal of the EU) on behalf of contracting authorities.
ESG Criteria in Public Procurement Law 2026
ESG criteria in public procurement: environmental, social and governance requirements in the award of public contracts. Legal basis and application.
Estimation of Contract Value in Procurement Law
The estimation of contract value is a mandatory step before every award procedure and determines which rules apply. Regulated in § 3 VgV and Art. 5 Directive 2014/24/EU.
eTendering in Public Procurement Law 2026
eTendering: electronic conduct of procurement procedures – from publication of the notice and submission of tenders through to the award.
EU Notices in Public Procurement Law 2026
EU notices in public procurement: mandatory publications in the Supplement to the Official Journal of the EU (TED) for EU-wide tenders. Types and deadlines.
EU Procurement Directives in Public Procurement Law 2026
The 2014 EU procurement directives: the three central EU directives on public procurement. Content, national implementation and relevance for contracting authorities.
EU Procurement Thresholds in Public Procurement Law
EU procurement thresholds are contract-value limits from which EU-wide tendering obligations apply – set since 1 January 2024 by Delegated Regulation (EU) 2023/2495.
EU Supplement in Public Procurement Law 2026
EU Supplement (TED): the Supplement to the Official Journal of the EU for EU-wide procurement notices. Function, access and significance at a glance.
EU-Wide Tenders in Public Procurement Law 2026
EU-wide tenders: the obligation to publish EU-wide once thresholds are reached – procedures, deadlines, the TED platform and legal basis.
European Single Procurement Document (ESPD) in Public Procurement
The ESPD is the EU standard form for preliminary suitability documentation that replaces extensive evidence at bid submission – governed by Art. 59 Directive 2014/24/EU.
European Single Procurement Document (ESPD) in Public Procurement 2026
The ESPD is a standardised form for preliminary suitability declarations in EU procurement procedures. Concise overview of content, function, and legal basis.
European Technical Assessment (ETA) in Public Procurement Law 2026
ETA: European document for the performance assessment of construction products under the CPR. Basis for CE marking and the tendering of innovative construction products.
Evaluation Criteria in Procurement Law 2026 – Award Criteria and Scoring
Evaluation criteria in procurement law: award criteria, weighting and scoring methods for tender evaluation. Price, quality and MEAT explained.
Evaluation Criteria in Public Procurement 2026
Evaluation criteria in public procurement: award criteria, selection criteria, weighting and transparency duties when evaluating tenders for public contracts.
Evaluation Stages in Procurement Law 2026 – The Multi-Stage Tender Examination Explained
Evaluation stages: the multi-stage tender examination in procurement law. Formal examination, eligibility check, exclusion check and scoring at a glance.
EVB-IT in Public Procurement Law 2026
EVB-IT are supplementary contract terms for IT procurement by the public sector in Germany. Overview of contract types, use and legal effect.
Ex-Ante Notice in Public Procurement Law 2026
Ex-ante notice: voluntary advance publication to cure procurement defects and shield the contract from being declared ineffective. Definition and effect.
Ex-Ante Transparency in Public Procurement Law 2026
Ex-ante transparency in procurement law: advance publication of planned awards to cure procurement defects and avoid declarations of ineffectiveness.
Ex-Ante Transparency Notice in Public Procurement Law
The ex-ante transparency notice is a voluntary advance publication prior to contract conclusion without EU-wide tender that prevents the contract from being declared ineffective. § 135 GWB, § 139 BVergG 2018.
Ex-Post Notice (Contract Award Notice) 2026
Contract award notice: mandatory publication in the EU Official Journal after award. Deadlines, content and legal consequences under Austrian and German procurement law.
Ex-Post Transparency in Public Procurement Law 2026
Ex-post transparency in procurement law: subsequent publication of awarded contracts. Obligation to publish award outcomes under EU procurement law.
Examination of Tenders in Procurement Law 2026
Examination of tenders in procurement law: formal and substantive examination of tenders – grounds for exclusion, completeness, suitability and admissibility of the submitted tenders.
Exclusion Ground in Public Procurement Law 2026
Exclusion ground: factual basis triggering mandatory or discretionary exclusion of a tenderer from a procurement procedure. Overview and self-cleaning.
Reliance on Third-Party Capacity in Procurement Law
Reliance on third-party capacity: use of other entities' capacities to demonstrate suitability. Article 63 of Directive 2014/24/EU, § 82 BVergG 2018, § 47 VgV. Joint and several liability.
Suitability Check in Procurement Law
Suitability check: review of authorisation, reliability and capability of bidders. ESPD, pre-qualification. §§ 68 et seq. BVergG 2018, §§ 42 et seq. VgV.
Suitability Criteria in Procurement Law
Suitability criteria in EU procurement law assess authorisation, economic standing and technical ability of bidders – proportionality, reliance on third-party capacity, AT/DE rules.
Suitability Evidence in Procurement Law 2026
Suitability evidence in procurement law: documents and certificates demonstrating bidder suitability. Types, requirements and the European Single Procurement Document.
Suitability in Procurement Law 2026
Suitability in procurement law: a bidder's capacity to perform the contract properly. Definition, suitability criteria and evidence requirements at a glance.
Suitability Requirement in Procurement Law 2026
Suitability requirement in procurement law: minimum requirements for bidders set by the contracting authority. Permissible criteria, proportionality and evidence.
Advanced Electronic Signature in Public Procurement Law
The advanced electronic signature under Art. 26 eIDAS ensures unique attribution and integrity verification of electronic documents in the procurement procedure.
Deadline for Requests to Participate in Public Procurement Law 2026
Participation deadline in procurement law: minimum periods for requests to participate in the restricted procedure and the negotiated procedure under EU procurement law.
Deadlines in Public Procurement Law
Procurement deadlines govern offer, application, standstill, and binding periods in the procurement procedure. An overview of EU minimum periods under Directive 2014/24/EU.
Deadlines in Public Procurement Law 2026
Deadlines in procurement law: minimum periods for offers, participation, and legal protection. Up-to-date tables for EU-wide and national procedures with calculation.
Declaratory Procedure in Public Procurement Law 2026
Declaratory procedure in procurement law: a procedure for the judicial or administrative determination of the ineffectiveness of an awarded contract. Austria & Germany.
Discretionary Exclusion Criteria in Public Procurement Law 2026
Discretionary exclusion criteria: optional grounds for exclusion in procurement law. Difference from mandatory exclusions, self-cleaning, and the contracting authority's discretion.
Fair Trade in Public Procurement Law 2026
Fair trade in public procurement: fair trade as an award criterion or contract performance condition. Legal basis and limits in procurement law.
Federal Audit Office in Public Procurement Law 2026
Federal Audit Office (Bundesrechnungshof): supreme federal authority for budgetary oversight in Germany. Role in reviewing public procurement and tender procedures.
Federal Budget Code (BHO) in Public Procurement Law 2026
Federal Budget Code (BHO): budgetary basis for federal procurement in Germany. Principle of economic efficiency, Section 55 BHO and procurement obligations.
Federal Trunk Road Construction Controlling System (CSBF) 2026 – Public Procurement Law
CSBF: the Federal Trunk Road Construction Controlling System monitors costs, deadlines and quality for federal trunk road projects. Significance for public procurement.
Fee Schedule for Architects and Engineers (HOAI) 2026
The HOAI governs fees for architectural and engineering services in Germany. Since the 2019 CJEU ruling, the rates serve only as a guide.
Fee-Free Bid Submission in Procurement Law 2026
Fee-free bid submission means that bidders must submit their bids without any claim to compensation for the effort of preparing them.
Fixed Price in Public Procurement Law
A fixed price is an unchangeable price for the entire contract term, offering planning certainty but carrying the risk of cost increases.
Fixed-Date Transaction in Public Procurement Law 2026
Fixed-date transaction in procurement law: a contract with a mandatory completion date. Legal consequences of default and distinction from ordinary deadline rules.
Formal Defects and Errors in Offers in Public Procurement Law 2026
Formal defects in offers: grounds for exclusion, curable errors, and the right to request subsequent submission under German and Austrian procurement law. Order of examination explained.
Formal Error in Public Procurement Law 2026
Formal error in procurement law: breach of form in offers or in the procurement procedure. Distinction from substantive error and consequences under Austrian law.
Framework Agreement Public Procurement Law
The framework agreement under EU procurement law sets the conditions for future individual contracts – maximum term of 4 years, contract-value calculation and national rules AT/DE.
Framework Agreements in Public Procurement Law 2026
Framework agreements in procurement law: multi-party frameworks for recurring procurements – conditions, procedure and call-off of individual contracts.
Framework Contract in Public Procurement Law 2026
Framework contract in procurement law: contract with fixed conditions for future call-offs – distinction from the framework agreement and procurement obligations.
Freedom of Information Act in Procurement Law 2026
Freedom of Information Act (IFG) in procurement law: access to procurement files, limits on access to information and the relationship to the protection of trade secrets.
Functional Specifications in Procurement Law
Functional specifications: tendering based on requirements and performance objectives instead of execution details. Art. 42(3)(b) Directive 2014/24/EU, § 95 BVergG 2018.
Functional Tender in Procurement Law 2026
Functional tender: specifying the outcome rather than the method in the specifications. Difference from prescriptive tenders and use in procurement law.
Missing Bidder Information in Public Procurement Law 2026
Missing bidder information: when information is absent from the offer. Subsequent request, exclusion, or remedy – the legal framework in Austria and Germany.
Missing Declarations in Public Procurement Law 2026
Missing declarations in the procurement procedure: subsequent request, consequences for exclusion, and handling of forgotten self-declarations and undertakings.
Missing Documents in Public Procurement Law 2026
Missing documents in the procurement procedure: the right to request subsequent submission, consequences for exclusion, and the distinction from missing declarations under German and Austrian procurement law.
Negotiated Award in Public Procurement Law
Negotiated award: an award without a public tender to particular bidders in the sub-threshold area. Permissible only under narrow statutory conditions.
Offer Submission Deadline in Public Procurement Law 2026
Offer submission deadline in procurement law: minimum periods under EU law, national rules, extensions, and consequences of late offers.
Professional Services in Public Procurement Law 2026
Professional services in procurement law: awarding architectural, engineering, and legal advisory services. Procedure selection and special features of the award.
Public Funding in Procurement Law 2026
Public funding and procurement law: when do EU funds and national subsidies trigger tendering obligations? Legal bases and consequences.
Setting Deadlines in Public Procurement Law 2026
Setting deadlines in procurement law: fixing offer periods, participation periods, and subsequent-submission periods. Legal basis, minimum periods, and consequences.
Trade Lot Award in Public Procurement Law 2026
Trade lot award: division of construction contracts by trade. SME protection through lot division under German and Austrian procurement law.
GAEB in Procurement Law 2026
GAEB: standard format for bills of quantities in construction procurement law – data structure, exchange phases, file formats and importance for e-procurement.
General Contractor in Procurement Law
The general contractor assumes responsibility for the entire construction work towards the contracting authority and is fully liable, even where it sublets parts of the work.
General Management Contractor in Procurement Law 2026
General management contractor in procurement law: definition, distinction from the general contractor, procurement law admissibility, and particularities of design and build.
General Planner in Procurement Law
The general planner delivers all design services from a single source and coordinates sub-consultants; under procurement law, freelance services are subject to particular rules.
German Civil Code (BGB) in Public Procurement Law 2026
BGB in public procurement law: the German Civil Code as the civil-law basis for procurement contracts, damages and pre-contractual obligations.
Government Procurement Agreement (GPA) Procurement Law 2026
The GPA is a WTO agreement on public procurement that secures market access for bidders from member states in public contracts.
GPA Procurement Agreement in Procurement Law 2026
GPA procurement agreement: WTO agreement on public procurement – scope, member states, market access and importance for EU procurement.
Grantor of the Concession in Procurement Law 2026
Grantor of the concession: public contracting authority that, in a concession award, transfers the operating rights for a service to a private concessionaire.
Green Fuels in Procurement Law 2026
Green fuels are alternative, low- or zero-carbon fuels relevant in procurement law for the purchase of vehicles and transport services.
Green Procurement in Procurement Law
Green procurement (Green Public Procurement) refers to taking environmental criteria into account when awarding public contracts across the entire life cycle.
Green Tech in Procurement Law 2026
Green tech refers to environmentally friendly technologies that can be used as a criterion for sustainable procurement in public procurement law.
Grounds for Cancellation in Public Procurement Law 2026
Grounds for cancellation in public procurement: legal conditions for terminating a procurement procedure without award. Austria & Germany.
Grounds for Exclusion in Public Procurement Law 2026
Grounds for exclusion in procurement law: complete overview of mandatory and discretionary grounds for bidder exclusion under EU and national law.
Grounds Without Prior Publication in Procurement Law 2026
Grounds without prior publication are statutorily defined exceptional circumstances that justify a negotiated procedure without a call for competition.
GWB – Act against Restraints of Competition in Procurement Law 2026
GWB in procurement law: Part 4 of the Act against Restraints of Competition contains German procurement law above the EU thresholds – basis, structure and significance.
Higher Regional Court in Public Procurement Law 2026 – OLG as Procurement Senate
The Higher Regional Court (OLG) decides as the immediate appeal instance on procurement review proceedings. Role, procedure and jurisdiction in public procurement law.
HOAI – Fee Schedule for Architects and Engineers 2026
The HOAI governs the remuneration of design services by architects and engineers in Germany and is relevant in procurement law for design tenders.
Hospital Future Act (KHZG) in Public Procurement 2026
Hospital Future Act (KHZG): funding programme for digital hospitals – public procurement requirements, eligible funding measures and implementation obligations.
HVA B-StB – Manual for the Award of Construction Services 2026
The HVA B-StB is the German manual for the award and performance of construction services in road and bridge construction for public contracting authorities.
Balancing of Interests in Public Procurement Law 2026
Balancing of interests in public procurement: weighing the competing interests of the contracting authority, bidders, and the public when making procurement decisions.
Conflict of Interest in Public Procurement Law 2026
Conflict of interest in public procurement: situation in which persons on the contracting authority's side hold private interests that jeopardise impartial conduct of the procedure.
Conflict of Interests (Austria) in Public Procurement Law 2026
Conflict of interests in public procurement: the clash of incompatible interests in a tender procedure that jeopardises the objectivity of the decision.
Expression of Interest in Public Procurement Law 2026
Expression of interest: preliminary procedure for market exploration and bidder identification before the actual tender in public procurement.
Expression of Interest Procedure in Public Procurement Law 2026
Expression of interest procedure: an informal market consultation in which contracting authorities invite potential providers to express their interest.
Idea Contest in Procurement Law 2026
An idea contest is a design contest for generating creative concepts, without the contracting authority being obliged to award a subsequent contract.
ILO Core Labour Standards in Procurement Law 2026
The ILO core labour standards are international labour standards of the ILO that can be applied in procurement law as social requirements on contractors.
In-house Award in Procurement Law
The in-house award allows public contracting authorities to award contracts without a tender to their own legal entities, provided the Teckal criteria are met.
In-House Award in Procurement Law 2026
In-house award: exception to the duty to tender where a public contracting authority self-supplies – requirements, Teckal criteria and the current legal position in 2026.
Inaction of the Public Procurement Tribunal 2026 – Remedy for Procedural Delay
Inaction of the public procurement tribunal: what happens if the tribunal fails to decide in time? Appeal, deadlines and remedies explained.
Information and Communication Technology (ICT) in Procurement Law 2026
ICT in procurement law: procurement of IT systems, software and telecommunications – specific features, interoperability, open source and current legal developments.
Information Deadline in Public Procurement Law 2026
Information deadline: period within which contracting authorities must respond to bidder questions on procurement documents. Deadlines and obligations.
Information Obligations in Public Procurement Law 2026
Information obligations in public procurement: duty to notify bidders before contract award – content, deadlines, standstill period, and consequences of breach.
Innovation in Public Procurement Law 2026
Innovation in public procurement: innovation-promoting procurement, innovation partnership, pre-commercial procurement, and the strategic use of public buying.
Innovation Partnership in Public Procurement Law 2026
Innovation partnership: procurement of non-market solutions through an R&D and purchase phase in a single procedure under Art. 31 Dir. 2014/24/EU, § 178 BVergG 2018, § 19 VgV.
Innovation Protection Clause in Public Procurement Law 2026
The innovation protection clause shields bidders that submit solution concepts in tender procedures against the unauthorised disclosure of their ideas.
Intellectual Services in Procurement Law 2026
Intellectual services in procurement law: consultancy, planning, expert opinions – particularities of procurement, price reasonableness and quality orientation.
Intended / Planned Tender in Procurement Law 2026
Intended and planned tender in procurement law: prior information, market announcement and their significance for deadlines and transparency in procurement.
Inter-municipal Cooperation in Public Procurement Law 2026
Inter-municipal cooperation: collaboration between municipalities in performing public tasks that, under certain conditions, is exempt from public procurement law.
Internal Procurement Directive 2026 – Internal Procurement Rules
Internal procurement directive: Internal directive issued by public contracting authorities to govern the conduct of procurement procedures. Content, binding effect and importance.
Invalidity of a Tender in Public Procurement 2026 – Grounds for Exclusion
Invalidity of a tender: when must a tender be excluded from the procurement procedure? Formal and substantive grounds for exclusion in 2026.
Investor Model in Public Procurement Law 2026
Investor model: PPP procurement model in which a private investor undertakes the design, construction, and financing of a project and operates it long-term.
Invitation to Tender in Public Procurement Law 2026
Invitation to tender: legal basis, content and significance of the invitation letter in the restricted procedure and the negotiated procedure.
Invoice Verification in Procurement Law 2026
Invoice verification in procurement law: formal and substantive review of contractor claims after performance – process, deadlines and legal consequences.
Issuance of Contract in Public Procurement Law 2026
Issuance of contract in public procurement: formal commissioning of the most economically advantageous bidder after the conclusion of the procurement procedure. Procedure and legal consequences.
Reverse Auction in Public Procurement Law 2026
Reverse auction: electronic procurement procedure in which bidders successively lower their prices to identify the most economically advantageous tender.
Joinder of Third Parties in Procurement Review 2026
Joinder of third parties in procurement law: bringing third parties into review proceedings before the procurement chamber. Conditions, rights and effects.
Joint Committee for Electronics in Construction (GAEB) 2026 – Procurement Law
GAEB: The Joint Committee for Electronics in Construction standardises electronic data exchange in the construction industry, particularly for bills of quantities and e-procurement.
Legal Person under Private Law in Public Procurement Law 2026
Legal person under private law as a contracting authority: limited liability companies, public limited companies, and associations may be subject to procurement law where they act in the general interest.
Legal Person under Public Law in Public Procurement Law 2026
Legal person under public law: bodies, institutions, and foundations under public law as contracting authorities in public procurement.
Legal Persons under Private Law in Public Procurement Law
Legal persons under private law such as limited liability or public limited companies can be contracting authorities where they act in the general interest and are state-financed or state-controlled.
Legal Persons under Public Law in Public Procurement Law
Legal persons under public law – corporations, institutions, foundations – are contracting authorities in public procurement law. Governed by Art. 2 Directive 2014/24/EU and § 3 BVergG 2018.
Cartel Procurement Law 2026
Cartel procurement law: the part of German public procurement law governed by the GWB above EU thresholds, named after competition (antitrust) law.
Cascade in Public Procurement Law 2026
Cascade in public procurement: the stepwise application of evaluation criteria or procedural rules where subsequent steps only apply on the basis of the previous one.
Key Payment Terms in Procurement Law 2026 – Due Date and Default
Key payment terms: payment periods, due dates and default rules in public contracts. Legal basis and obligations of contracting authorities.
Bill of Quantities in Procurement Law 2026
The bill of quantities (BoQ) structures all tendered works into items, quantities and units – the basis for every tender calculation under procurement law.
Delivery Deadline in Procurement Law
The delivery deadline is the contractually agreed period for performance of a supply contract and forms part of the procurement documents, with consequences in the event of late delivery.
Economic and Technical Capacity in Procurement Law 2026
Economic and technical capacity in procurement law: technical and economic capability of tenderers as a selection criterion in the award of public contracts.
Labels in Procurement Law
Labels are certificates that attest to environmental, social or other characteristics and can serve in procurement law as proof of selection or award criteria.
Lead Product in Procurement Law 2026
Lead product in procurement law: reference to a specific product as guidance for tenderers – admissible only in exceptional cases, always with the addition 'or equivalent'.
Leasing in Public Procurement 2026
Leasing as a form of procurement in public procurement law: distinction from purchase, classification under procurement law and threshold calculation.
Legal Framework of Procurement Law 2026 – Norms and Foundations
The legal framework of procurement law comprises EU directives, national legislation and sub-statutory regulations governing public procurement.
Legal Protection Body in Procurement Law 2026 – Competent Authorities
The legal protection body in procurement law is the competent authority for review proceedings. Overview of procurement chambers and administrative courts.
Legal Protection in Procurement Law 2026 – Review and Remedies
Legal protection in procurement law: bidders can challenge procurement-unlawful decisions. Overview of primary and secondary legal protection.
Liability Retention in Procurement Law
Liability retention: a security retention for damages during construction. Austrian concept. Distinction from the warranty retention; can be replaced by a bank guarantee.
Life Cycle in Public Procurement 2026
Life cycle in public procurement: holistic consideration of all phases of a product or works from manufacture to disposal in the award of contracts.
Life-Cycle Costing in Public Procurement 2026
Life-cycle costing (LCC) in public procurement: methodology for calculating total costs over the useful life as an award criterion.
Life-Cycle Costs in Public Procurement 2026
Life-cycle costs (LCC) in public procurement: total costs of a product over its entire useful life as an award criterion in public contracts.
List of Participants in Procurement Law 2026 – Confidentiality and Documentation
List of participants: register of all bidders or applicants involved in the procurement procedure. Documentation obligation, confidentiality and inspection rights explained.
Lot in Public Procurement 2026
A lot in public procurement is a delimited sub-contract of a tender. Obligation to divide into lots, exceptions and significance for SMEs explained.
Lot-Based Procurement 2026 – Division into Lots in Public Procurement
Lot-based procurement: Public contracts are divided into lots to foster competition and enable SME access. Legal basis & practice.
Lot-Based Tender in Public Procurement 2026
Lot-based tender in public procurement: tendering of a contract in several trade or partial lots, obligation to divide into lots and exceptions.
Lots in Public Procurement
Lots are sub-portions of a public contract that are awarded separately and promote SME participation. The division into lots is governed by Art. 46 Directive 2014/24/EU and § 97 (4) GWB.
Low Bid in Public Procurement 2026 – Abnormally Low Tender Price
Low bid: tender with an abnormally low price in a procurement procedure. Duty of clarification, exclusion and protection against dumping explained.
Lowest-Price Principle in Public Procurement Law
Lowest-price principle: award based solely on the lowest price. Only permitted for standardisable services. Section 91 BVergG 2018. Austrian term.
Lump Sum in Public Procurement Law 2026
Lump sum in procurement law: form of remuneration with a fixed total amount and no itemised billing – distinction from unit prices and significance under procurement law.
Lump-Sum Bid in Public Procurement Law 2026
Lump-sum bid: a bidder's offer with a fixed total price for the tendered service – content, requirements and evaluation under procurement law.
Lump-Sum Price in Public Procurement Law 2026
Lump-sum price in procurement law: fixed total price for a defined overall service – risk allocation, distinction from unit prices and contract design.
Performance Location in Procurement Law
The performance location is the place where the work is to be carried out, must be stated in tender notices and determines the NUTS code in the contract notice.
Performance Period in Procurement Law 2026
Performance period in procurement law: contractually agreed period for carrying out the tendered work and its importance for tender notices and tender evaluation.
Specification of Works in Procurement Law
Specification of works in procurement law: description of the contract subject as a prescriptive or functional specification. Art. 42 Directive 2014/24/EU, § 95 BVergG 2018.
Specification with Bill of Quantities 2026
Specification with bill of quantities (BoQ): detailed itemised description of all construction works as the basis for comparable tenders.
Supply and Service Contracts in Procurement Law 2026
Supply and service contracts in procurement law: distinctions, thresholds, applicable procedural rules and differences from construction contracts.
Supply Chain Due Diligence Act (LkSG) in Procurement Law 2026
LkSG in procurement law 2026: due diligence obligations along the supply chain, exclusion grounds in procurement and compliance requirements for tenderers.
Supply Chain in Procurement Law 2026
Supply chain in procurement law: significance of supply-chain requirements in public contracts, due diligence obligations and sustainable procurement.
Supply Contract in Procurement Law
A supply contract is a public contract for the purchase, leasing, hire or instalment purchase of goods. EU threshold: EUR 221,000 (other CAs) or EUR 143,000 (top federal authorities).
Bars on Participation in Procurement Law 2026
Bars on participation in procurement law: rules that prohibit biased persons on the contracting authority's side from participating in award decisions.
Bidders' Duty to Cooperate in Procurement Law 2026
Bidders' duty to cooperate: bidders' obligations to actively participate in the tender procedure, e.g. in clarification interviews and provision of evidence.
Grounds of Abuse in Procurement Law 2026
Grounds of abuse in procurement law: inadmissible circumvention strategies, abusive direct awards and cartel-law abuse prohibitions in public procurement.
Indirect Awards in Procurement Law 2026
Indirect awards in procurement law: awards by grant recipients with public funds – applicability of procurement law, contracting authority status, and state aid law.
Main Committee General Affairs (HAA) in Procurement Law 2026
HAA: The DVA's Main Committee General Affairs develops the cross-trade rules of VOB/A. Tasks, composition and significance for procurement law.
Main Contractor in Procurement Law 2026
The main contractor is the company that receives the award and is responsible to the contracting authority for full contract performance.
Main Tender in Procurement Law
The main tender is the bidder's standard tender, which fulfils the tender conditions in full and without modification. It forms the basis of tender evaluation and must be distinguished from alternative and variant tenders.
Manifest Inadmissibility or Unfoundedness in Procurement Law 2026
Manifest inadmissibility or unfoundedness in procurement review proceedings: conditions for immediate dismissal of a review application.
Margin of Appreciation in Public Procurement 2026
Margin of appreciation in public procurement: the contracting authority's discretion when evaluating tenders. Limits, intensity of review and documentation duties.
Market Exploration in Procurement Law
Market exploration in procurement law: gathering information about the market before tender procedures. Art. 40 Directive 2014/24/EU, § 20 BVergG 2018, § 28 VgV.
Market Monitoring in Procurement Law 2026
Market monitoring in procurement law: systematic analysis of the procurement market to prepare tenders, distinction from market exploration, and risks.
Material Price Adjustment Clause in Procurement Law 2026
Material price adjustment clause: contractual clause to adjust the contract price in case of significant material price fluctuations – admissibility and structure in procurement law.
Maximum Number of Tenders in Procurement Law 2026
The maximum number of tenders limits, in the restricted procedure and negotiated procedure, the number of undertakings invited to submit tenders.
Minimum Requirements in Procurement Law 2026
Minimum requirements in procurement law: technical, qualitative and suitability-related minimum standards that bids and bidders must necessarily meet.
Mixed Pricing (Mischkalkulation) in Procurement Law 2026
Mixed pricing in procurement law: inadmissible price shifting between items of a bill of quantities – warning signs, exclusion consequences and distinction.
Multiple Participation in Procurement Law 2026
Multiple participation in procurement law: a company's involvement in a tender procedure in several roles – as a sole bidder, member of a bidding consortium, or subcontractor.
Notification Duty to Unsuccessful Bidders 2026
Notification duty to unsuccessful bidders: information duty under § 134 GWB before contract award – content, deadlines, standstill period and consequences of breach.
Quantity Lot in Procurement Law 2026
Quantity lot in procurement law: lot created by dividing a contract by quantity or volume, to promote competition and SMEs.
Reporting Obligations for Works Contracts in Procurement Law 2026
Reporting obligations for works contracts: statutory notification and reporting duties for public contracting authorities and contractors when awarding and performing construction projects.
SME Interests in Procurement Law 2026
SME interests in procurement law: lot division, SME promotion, easier access for SMEs, and the legal basis for taking SME interests into account.
Standard Forms in Procurement Law 2026
Standard forms in procurement law: standardised forms for EU notices and national tender procedures to harmonise procurement practice.
Third-Party Involvement in Procurement Law 2026
Third-party involvement in procurement law: the involvement of external persons in the preparation or conduct of tender procedures and the resulting legal consequences.
Ancillary Purchasing Activity in Public Procurement 2026
Ancillary purchasing activity: supporting procurement services provided by public contracting authorities. Distinction from central purchasing bodies and procurement-law classification.
Bid-Opening Record in Public Procurement 2026
Bid-opening record in public procurement: minutes of the bid opening or other procurement-procedure steps that ensure transparency and traceability.
Contract Amendment in Procurement Law 2026
Contract amendment in procurement law: contract modification or additional performance after contract conclusion, which must observe the procurement-law limits on material changes.
Ineffectiveness in Public Procurement
Ineffectiveness in public procurement refers to the absolute invalidity of a contract in cases of serious procurement-law breaches, in particular de facto awards. Governed by § 135 GWB and § 334 BVergG 2018.
Ineffectiveness in Public Procurement 2026
Ineffectiveness in public procurement: when is a public contract void by operation of law? Triggering events, legal consequences and cure options explained concisely.
Needs Assessment in Procurement Law 2026
Needs assessment in public procurement: foundation of every procurement, methods, market research and legal requirements in Austria and Germany.
Negotiated Procedure under Procurement Law
The negotiated procedure under EU procurement law allows contracting authorities to negotiate with selected candidates – admissibility, process and national rules.
Net Contract Value in Public Procurement 2026
Net contract value in public procurement: the estimated total value of a contract excluding VAT, decisive for determining thresholds and procedural obligations.
New Steering Model (NSM) in Public Procurement 2026
New Steering Model (NSM): administrative-reform instrument affecting public procurement. Output orientation, budgeting and tendering.
Non-Discrimination in Public Procurement
The principle of non-discrimination prohibits disadvantaging bidders on the basis of nationality or origin and is a foundational principle of the EU internal market.
Non-Performance in Public Procurement 2026
Non-performance in public procurement: breach of contractual obligations by the contractor after award and its consequences for the public contracting authority.
Non-Separately Appealable Decision in Public Procurement 2026
Non-separately appealable decision in public procurement: interim decisions in the award procedure that can be challenged only together with the main decision.
Notice in Public Procurement Law
Notice in procurement law: mandatory publication of tenders in the EU Official Journal (TED) or nationally. Contract notice, eForms since 2023.
Notice of Defects in Public Procurement 2026
Notice of defects in public procurement: informal or formal complaint of procurement breaches by bidders before initiation of review proceedings.
Notice of Objection Procurement Law 2026 – Obligation, Deadline and Effect
The notice of objection in procurement law is the formal complaint about a procurement violation lodged with the contracting authority. A prerequisite for the application for review in Germany.
Notice Text in Procurement Law 2026
Notice text in procurement law: content and structure of the official text used to publish tenders on TED and national portals.
Notification of the Award Decision in Procurement Law 2026
Notification of the award decision in procurement law: communication of the award decision to all tenderers. Content, form and deadlines under BVergG and GWB.
NUTS Code in Public Procurement
The NUTS code uniformly classifies territorial units across the EU and is a mandatory field in procurement notices to identify the place of performance.
NUTS Codes in Public Procurement Law 2026
NUTS codes in public procurement law: EU-wide uniform territorial codes for indicating the place of performance in procurement notices and tender documents.
Post-Tender Negotiations in Public Procurement 2026
Post-tender negotiations in public procurement: prohibition of unlawful negotiations after bid submission in the open procedure, and the permissible scope in the negotiated procedure.
Proof of Economic and Financial Standing in Public Procurement 2026
Proof of economic and financial standing: evidence of bidders' economic and financial capability in public procurement procedures under VgV and BVergG 2018.
Proof of Technical and Professional Ability in Public Procurement 2026
Proof of technical and professional ability in public procurement: evidence of bidders' technical and professional capability within the suitability assessment by public contracting authorities.
Replacement Delivery in Procurement Law 2026
Replacement delivery in procurement law: contractor's obligation to redeliver defect-free goods as a form of cure for defects in supply contracts.
Restricted Procedure in Public Procurement
Restricted procedure: only selected undertakings may submit bids; preceded by a call for competition, with at least five candidates. Art. 28 Directive 2014/24/EU, § 46 BVergG 2018.
Restricted Procedure in Public Procurement 2026
Restricted procedure in public procurement: two-stage award procedure with a call for competition and a limited number of invited bidders under EU procurement law.
Review Body in Procurement Law 2026
Review body in procurement law: competent authority or court for review applications by bidders in cases of procurement-law breaches in Austria and Germany.
Review Procedure in Procurement Law
The review procedure in EU procurement law gives bidders primary legal protection against unlawful award decisions – deadlines, authorities, and conditions.
Standard in Public Procurement 2026
Standard in public procurement: technical standards and codes that may be used in specifications, and their procurement-law limits.
Subsequent Submission in Procurement Law 2026
Subsequent submission in procurement law: contracting authority's request to bidders to complete missing documents or declarations after bid opening.
Sustainability Goals in Procurement Law 2026
Sustainability goals in procurement law: UN SDGs and EU climate targets as a guiding framework for sustainable public procurement and Green Public Procurement.
Sustainability in Procurement Law
Sustainability in public procurement: triple bottom line, EU Green Deal, strategic procurement. Legal requirements in Austria and Germany.
Sustainability Reporting in Procurement Law 2026
Sustainability reporting in procurement law: duty to disclose ESG data and its relevance for suitability and evaluation in tender procedures.
Sustainable Development in Procurement Law 2026
Sustainable development in procurement law: integrating environmental, social and economic criteria into public procurement processes under EU law.
Sustainable Procurement in Procurement Law
Sustainable procurement: taking environmental, social and economic aspects into account including life cycle costs. Art. 67 Directive 2014/24/EU, § 97(3) GWB.
Unsuccessful Bid in Public Procurement 2026
Unsuccessful bid: a bidder's offer that does not win in the procurement procedure — with the contracting authority's information duties and the bidder's legal-remedy rights.
Variant Bid in Public Procurement
Variant bid in public procurement: alternative solution to the tender, only permissible if expressly admitted. Art. 45 Directive 2014/24/EU, § 106 BVergG 2018, § 35 VgV.
Variant Bids in Public Procurement 2026
Variant bids in public procurement: alternative proposals by bidders that depart from the bill of services and are admissible under certain conditions.
Variant-Bid Exclusion Clause in Public Procurement 2026
Variant-bid exclusion clause: provision in procurement documents that expressly excludes alternative bids from bidders or declares them inadmissible.
Objection Period in Public Procurement
Objection period in public procurement: time limit for review application and duty to notify. Preclusion deadlines. AT: § 160 BVergG 2018; DE: § 160(3) GWB.
Obligation to Object & Preclusion in Procurement Law 2026
Obligation to object and preclusion in procurement law: whoever does not object to procurement violations in time loses the right to review. Deadlines and exceptions.
Obligation to Object in Procurement Law 2026 – Deadlines and Preclusion
The obligation to object requires bidders to object to identified procurement violations in time. Violations of this duty lead to preclusion in review proceedings.
Offsetting in Procurement Law 2026
Offsetting in procurement law: the compensation of emissions or disadvantages by certified measures, also offsetting in the climate context of public procurement.
OJS eSender Certification in Public Procurement Law
The OJS eSender certification authorises software providers to transmit procurement notices electronically to the EU Official Journal TED.
On-Site Construction Supervision in Procurement Law 2026
On-site construction supervision: monitoring of construction execution on site – tasks, procurement and distinction from site management in procurement law.
Open House Procedure in Public Procurement Law 2026
Open house procedure: procurement model in the health and social sector that does not fall under procurement law – conditions and delimitation.
Open Procedure Procurement Law 2026
Open procedure in procurement law: standard procedure in the above-threshold area in which bids can be submitted without limit. Art. 27 Directive 2014/24/EU.
Open Public Tender in Public Procurement Law
The open public tender is an award procedure with an unrestricted pool of bidders for national and EU-wide contract awards.
Opening of Bids in Public Procurement Law 2026
Opening of bids: formal procedural step of the bid opening – process, minutes obligation and rights of bidders in Austria and Germany.
Option in Public Procurement Law
An option is a reserved additional service or contract extension that must be included in the contract value estimate and transparently disclosed in the notice.
Parallel Tender in Public Procurement Law 2026
Parallel tender: the simultaneous tendering of several alternative solutions for the same procurement task – admissibility and requirements.
Partial Cancellation of a Tender 2026 – Procurement Law Explained
Partial cancellation of a tender: the contracting authority cancels only part of the procurement procedure. Conditions, legal consequences and bidder protection.
Partial Evaluation in Procurement Law 2026 – Bid Evaluation by Criteria
Partial evaluation: evaluation of individual award criteria in the context of overall evaluation. Scoring systems, weighting and transparency principle in procurement law 2026.
Partial Lot in Procurement Law 2026 – Definition and Significance
Partial lot: A single lot within a public contract divided into lots. Significance for bidders and contracting authorities in the procurement procedure explained.
Participation Deadline in Procurement Law
The participation deadline is the statutory minimum period for submitting requests to participate in the restricted procedure and the negotiated procedure.
Party Status in Public Procurement Law 2026
Party status in procurement review proceedings: who is entitled to participate as a party in a review procedure and assert rights?
Performance Deadlines in Public Procurement Law 2026
Performance deadlines: contractually agreed periods for the delivery of publicly tendered services. Significance in procurement and construction law.
Place of Performance in Public Procurement Law 2026
Place of performance in public procurement: definition, relevance for jurisdiction, NUTS codes, tenderer selection and contract law in public procurement in Germany and Austria.
Planning Competition Procurement Law 2026
Planning competition in procurement law: competitive procedure for obtaining plans in architecture, urban planning and engineering. Legal basis and process.
Plausibility Checks in Public Procurement Law 2026
Plausibility checks in tender procedures: examining tenders for completeness, consistency and arithmetical accuracy.
Pre-Qualification Competition Documents 2026 – Procurement Law in Brief
Pre-qualification competition documents: documents for the first stage of two-stage procurement procedures. Content, provision and legal requirements 2026.
Pre-Qualification Competition in Procurement Law
Pre-qualification competition: first stage of a two-stage procurement procedure with suitability check and applicant selection. Art. 29 Directive 2014/24/EU, § 46 BVergG 2018, § 17 VgV.
Preclusion in Public Procurement Law 2026
Preclusion in public procurement: loss of the right to challenge procurement breaches when not raised in time – time limits, consequences and exceptions.
Preclusive Deadline in Public Procurement Law 2026
Preclusive deadline in procurement law: non-extendable deadline for complaints and review applications. Missing it leads to loss of rights.
Prequalification for Construction Works (PQ-VOB) 2026
PQ-VOB: the official prequalification register for construction companies – certification procedure, requirements, validity period and benefits in public tendering.
Prequalification for Contracts under VOB 2026
Prequalification under VOB: advance suitability assessment of construction companies for public contracts – PQ-VOB system, advantages and procedure.
Prequalification for Contracts under VOL and UVgO 2026
Prequalification under VOL and UVgO: advance suitability assessment of suppliers and service providers – procedure, benefits and legal basis.
Prequalification for Supplies and Services (PQ-VOL) 2026
PQ-VOL: prequalification system for supply and service contracts of public bodies – function, requirements and differences from the PQ-VOB system.
Prequalification in Public Procurement Law
Prequalification in public procurement law: advance suitability assessment of companies via official registers. Art. 64 Directive 2014/24/EU, AVPQ, PQ-VOB, PQ-VOL.
Prequalification in Public Procurement Law 2026
Prequalification allows companies to evidence their suitability once and be relieved of repeating the suitability check in future tender procedures.
Price Discount in Public Procurement Law 2026
Price discount in public procurement: admissibility and effect of rebates and discounts on tenders to contracting authorities – rules and pitfalls.
Price Enquiry in Public Procurement Law 2026
Price enquiry in public procurement: informal market exploration by contracting authorities before the award – distinction from a formal tender and legal limits.
Price Fixing in Public Procurement Law 2026
Price fixing in public procurement: anti-competitive agreements between bidders on tender prices and their consequences in the tender procedure.
Price in Public Procurement Law 2026
Price as an award criterion in public procurement: significance, weighting and relationship to quality criteria when evaluating tenders.
Price Information in Public Procurement Law 2026
Price information in the tender procedure: bidders' duty to provide complete and accurate price information and the consequences of faulty or missing entries.
Price Law for Public Contracts 2026
Price law for public contracts: rules on market prices, cost-based prices and price controls in public procurement in Germany and Austria.
Price Verification in Public Procurement Law 2026
Price verification in public procurement: duty and procedure for examining abnormally low tenders, legal basis and consequences for bidders and contracting authorities.
Primary Law in Public Procurement 2026
Primary law in procurement: EU treaties and fundamental freedoms as the highest legal source of procurement law – significance for public contract awards.
Primary Legal Protection in Public Procurement 2026
Primary legal protection in procurement: remedies before contract conclusion to prevent unlawful awards – review proceedings and interim injunction.
Principle of Economy in Procurement Law 2026
The principle of economy requires public contracting authorities to use public funds prudently and efficiently and to achieve the best price-quality ratio.
Principle of Equal Treatment in Procurement Law
The principle of equal treatment requires public contracting authorities to treat all bidders by the same standards and to avoid discrimination of any kind.
Principle of Self-Submission in Procurement Law 2026
Principle of self-submission in procurement law: tenderers must submit required evidence and documents on their own initiative. Definition, duties and deadlines.
Principles of Procurement in Procurement Law 2026
The principles of procurement are the fundamental legal principles of public procurement: competition, transparency, equal treatment and proportionality.
Private Tender in Public Procurement Law 2026
Private tender: distinction from public tender, application of procurement principles and significance for private contracting parties in Germany and Austria.
Privatisation in Public Procurement Law 2026
Privatisation in procurement law: transfer of public tasks to private entities and the procurement-law relevance of the various forms of privatisation.
Prize (Competition Award) in Public Procurement Law 2026
Prize in public procurement: remuneration for competition participants and unsuccessful tenderers in design contests and negotiated procedures – legal basis.
Prize Competition Procedure in Procurement Law 2026
Prize competition procedure (design contest): planning and ideas competition under procurement law for architectural and engineering services. Process, legal basis and jury members.
Procurement Advisory Office in Public Procurement Law 2026
Procurement advisory office: free advisory body for bidders and contracting authorities on procurement matters. Tasks and contact points in Austria and Germany.
Procurement Chamber Decision in Procurement Law 2026
Procurement chamber decision: ruling in the review procedure. Content, effect, legal remedies and deadlines under GWB and BVergG 2018.
Procurement Criminal Law 2026 – Corruption and Criminal Liability in Procurement
Procurement criminal law covers criminal provisions on corruption, collusion and breach of trust in public procurement in Austria and Germany.
Procurement Documents in Procurement Law
Procurement documents are all documents that the contracting authority provides for the procurement procedure, including the specifications, suitability requirements and contract terms.
Procurement Documents in Procurement Law 2026
Procurement documents: the entirety of tender documents including specification, contract conditions and suitability requirements. Contents and obligations.
Procurement Files 2026 – Documentation Duty in Procurement Law
Procurement files: Mandatory documentation by public contracting authorities of all material decisions in the award procedure. Content, form and legal effect.
Procurement Law Reform 2016 – Modernisation of German and European Procurement Law
Procurement law reform 2016: transposition of EU Directives 2014/24/EU, 2014/25/EU and 2014/23/EU. Key changes for contracting authorities and bidders at a glance.
Procurement Management 2026 – Organising and Steering Public Procurement
Procurement management: planning, conducting and controlling public procurement procedures. Tasks, methods, digital tools and best practices explained.
Procurement Manuals (VHB) 2026 – Guides for Public Procurement
Procurement manuals (VHB): Official guides for public contracting authorities, with template forms and explanatory notes on the conduct of procurement procedures.
Procurement Office (VSt) in Procurement Law 2026 – Tasks and Duties
The procurement office (VSt) is the organisational unit of the public contracting authority that conducts procurement procedures and awards the contract.
Procurement Ordinance (VgV) in Procurement Law
The Procurement Ordinance (VgV) governs the award of public contracts in the above-threshold area for the classical sector in Germany. Transposition of Directive 2014/24/EU.
Procurement Platform 2026 – Electronic Platforms for Public Tenders
Procurement platform: electronic systems for public tenders. Well-known platforms in Germany and Austria, functions and obligations.
Procurement Portal 2026 – Finding and Submitting Public Tenders Online
Procurement portal: online portals for public tenders. Overview of national and EU portals, registration and use by bidders.
Procurement Procedure under Procurement Law 2026
Overview of procurement procedures: All types of procedure in public procurement – open procedure, negotiated procedure, competitive dialogue and more.
Procurement Process 2026 – Step-by-step Course of Public Procurement Procedures
Procurement process: all phases of a public procurement procedure, from needs identification to contract conclusion. Course of proceedings, time limits and legal requirements.
Procurement Process Procurement Law 2026
Procurement process in the public sector: all steps from needs assessment to contract conclusion in public procurement law. Workflow and phases.
Procurement Record in Procurement Law
The procurement record is the legally required documentation of the entire procurement procedure and a central instrument for transparency, review and audit-office oversight.
Procurement Reference Number 2026 – Unique Identifier for Procurement Procedures
Procurement reference number: a unique identifier for public procurement procedures. Function, structure and meaning for bidders and contracting authorities at a glance.
Procurement Regulation for Freelance Services (VOF) 2026 – History and Successor
VOF – Procurement Regulation for Freelance Services: the historic regulatory framework for architects and engineers, superseded by VgV 2016. Overview and current legal position.
Procurement Regulations / Historic Award Regulations 2026 – Overview of the German Rulebooks
Procurement regulations / historic award regulations: overview of VOB, VOL, VOF, VgV and UVgO as the rulebooks of German public procurement law. History and current legal position.
Procurement Review Authority 2026 – Oversight in Procurement Law
Procurement review authority: State bodies that supervise compliance with procurement law. Procurement chambers, audit offices and supervisory authorities.
Procurement Review Laws 2026 – Legal Protection in Procurement Law
Procurement review laws: Länder laws on the review of procurement activity by public contracting authorities in the sub-threshold area. Overview of state-level rules.
Procurement Review Procedure 2026 – Legal Protection in Public Procurement
Procurement review procedure: legal protection for unsuccessful bidders before the Public Procurement Chamber. Standing, time limits, course of proceedings and remedies explained.
Procurement Service Provider in Procurement Law 2026
Procurement service provider in procurement law: central purchasing bodies and external service providers handling procurement procedures for contracting authorities.
Procurement Software 2026 – Digital Solutions for Public Procurement
Procurement software: Digital tools for contracting authorities and bidders in the procurement process. Features, providers, selection criteria and the duty to use e-procurement.
Procurement Statistics 2026 – Data and Figures on Public Procurement
Procurement statistics: Collection, analysis and importance of statistical data on public procurement in Germany and the EU. Legal basis and use.
Procurement Statistics Ordinance (VergStatVO) 2026 – Reporting Obligations for Contracting Authorities
Procurement Statistics Ordinance (VergStatVO): Reporting obligations of public contracting authorities for procurement statistics. Scope, deadlines and practical implementation.
Procurement Transaction in Procurement Law 2026
Procurement transaction in procurement law: the specific individual case of a public procurement. Delineation from the procurement process and relevance for documentation.
Procurement Transformation Package 2026 – Reform of German Procurement Law
The Procurement Transformation Package modernises German procurement law: simplification, digitalisation and strategic procurement objectives at a glance.
Product Neutrality in Public Procurement Law
Product neutrality prohibits references to specific brands or manufacturers in technical specifications; exceptions only with the addition 'or equivalent'.
Prohibition of Circumvention in Public Procurement Law 2026 – Protection Against Evasion of Procurement Duties
Prohibition of circumvention: contracting authorities must not evade procurement obligations through contract design or contract splitting. Principle and case groups.
Prohibition on Negotiation in Procurement Law
The prohibition on negotiation bars contracting authorities, in the open and restricted procedures, from any negotiation with bidders about the content of bids after bid opening.
Project Management in Public Procurement Law 2026
Project management in procurement: contracting, scope of services and procurement-law classification of project management services under AHO and HOAI.
Provisional Item in Procurement Law 2026
Provisional item in the bill of quantities: definition, function, distinction from base items, and legal treatment in bid evaluation.
Public Call for Participation before Freehand Award 2026
Public call for participation before freehand award: two-stage below-threshold procedure with upstream public applicant selection.
Public Call for Participation before Restricted Tender 2026
Public call for participation before restricted tender: two-stage procedure with public application phase and form-bound submission of bids.
Public Call for Participation in Procurement Law 2026
Public call for participation: pre-procedure for bidder selection in the restricted procedure – process and procurement-law requirements.
Public Contract in Public Procurement Law 2026
Public contract: the contract for pecuniary interest between public contracting authority and undertaking – core concept of procurement law.
Public Contract Notice in Public Procurement Law 2026
Public contract notice: mandatory publication of public contracts in the EU Official Journal (TED) or national media. Contents, deadlines and rules.
Public Contracting Authority Procurement Law 2026
Public contracting authority: who is subject to procurement law? Review scheme, body governed by public law, distinction from sector contracting authority under Art. 2 Dir 2014/24/EU.
Public Contracts in Public Procurement Law 2026
Public contracts: definition, types and procurement-law obligations for procurements by public contracting authorities in Austria and Germany.
Public Procurement Chamber Decisions in Procurement Law 2026
Public procurement chamber decisions: rulings, binding effect, legal remedies and the importance of chamber case law for public procurement law in 2026.
Public Procurement Chamber in Procurement Law
The public procurement chamber is the first-instance review body for procurement-law disputes in the above-threshold area in Germany.
Public Procurement Checklist 2026
Public procurement checklist: structured overview of the key steps and obligations in public procurement procedures for contracting authorities and bidders.
Public Procurement Coordination Directive 2026 – EU Directive 2014/24/EU Explained
Public Procurement Coordination Directive: EU Directive 2014/24/EU on public contracts. Content, transposition and importance for German and Austrian procurement law.
Public Procurement Law 2026
Public procurement law: the body of rules governing public contract awards – EU directives, BVergG 2018 (AT), GWB/VgV/VOB/UVgO (DE), key principles, threshold values.
Public Procurement Senate 2026 – The Higher Regional Court as Appellate Body in Procurement Law
Public Procurement Senate: specialised division of the Higher Regional Court acting as appellate body against decisions of the Public Procurement Chambers. Jurisdiction, procedure and remedies explained.
Public Sector in Public Procurement Law 2026
Public sector: term for state and municipal bodies that are subject to procurement law as public contracting authorities.
Public Tender in Procurement Law 2026
Public tender in procurement law: the formal procedure by which contracting authorities procure supplies, works and services. EU-wide or national.
Public Undertaking in Public Procurement Law 2026
Public undertaking: state-controlled undertakings in procurement law – delimitation, sector relevance and transparency obligations.
Public-Private Partnership (PPP) in Public Procurement Law 2026
Public-Private Partnership (PPP): procurement-law fundamentals, concession models and procedures for cooperation between the public sector and private business.
Public-Private Partnership (PPP) in Public Procurement Law 2026
PPP – Public-Private Partnership: cooperation model between the state and the private sector for infrastructure and public services.
Public-Public Cooperation (PPC) in Public Procurement Law 2026
PPC – Public-Public Cooperation: procurement-law-free cooperation between public contracting authorities for joint task performance.
Publication of the Contract Notice in Procurement Law 2026
Publication of the contract notice: obligation to publicly publish procurement procedures in TED or national gazettes. Content and form.
Types of Procurement Procedure 2026
Types of procurement procedure: overview of open, restricted and negotiated procedures and special formats under EU and national law.
Qualification System in Public Procurement Law 2026
Qualification system in procurement law: a special qualification procedure in the utilities sector for the pre-qualification of undertakings by utility contracting entities.
Qualified Certificate in Public Procurement Law 2026
Qualified certificate in procurement law: the basis of qualified electronic signatures in e-procurement – requirements, legal basis and practical significance.
Qualified Electronic Seal in Public Procurement Law 2026
Qualified electronic seal: highest security level for electronic seals of legal persons – definition, legal effect and use in procurement law.
Qualified Electronic Signature in Public Procurement Law
The qualified electronic signature is the highest level of security under eIDAS and is legally equivalent to a handwritten signature.
Realisation Contest in Public Procurement Law 2026
Realisation contest: design contest with concrete implementation intent – procedure, jury, award of the planning contract and procurement-law classification.
Recycling in Procurement Law 2026
Recycling in procurement law: sustainable procurement and circular economy as award criteria in public contracts.
Reference Projects in Procurement Law 2026 – Suitability Proof and Requirements
Reference projects serve in procurement law as proof of technical capacity. Requirements, limits and pitfalls at a glance.
Request for Clarification in Public Procurement Law 2026
Request for clarification: formal enquiry from the contracting authority to clarify unclear tender content in a procurement procedure. Limits and admissibility.
Request to Participate in Procurement Law 2026 – Application in the Restricted Procedure
Request to participate: application documents for two-stage procurement procedures. Content, deadlines and suitability evidence at a glance. Procurement law 2026.
Requests to Participate in Procurement Law 2026 – Overview and Procedure
Requests to participate: plural form and procedural context. Processing, examination and selection of applications in two-stage procurement procedures. Procurement law 2026.
Resolution of the Main Action in Public Procurement Law 2026
Resolution of the main action in public procurement: termination of a review procedure without a decision on the merits where the legal interest in protection has subsequently ceased to exist.
Restricted Tender in Procurement Law
Restricted tender: only selected undertakings are invited to submit tenders. Permissible in the below-threshold range under BVergG 2018 and UVgO.
Restricted Tender with Call for Competition 2026
Restricted tender with call for competition: two-stage procurement procedure with pre-selection of suitable bidders. Process, conditions and legal basis.
Restricted Tender without Call for Competition 2026
Restricted tender without call for competition: direct invitation of selected undertakings without public notice. Conditions and limits.
Right to Be Heard in Procurement Law 2026
Right to be heard in procurement law: fundamental right to comment before adverse decisions – significance in award and review proceedings.
Risk Allocation in Procurement Law 2026 – Principles and Limits
Risk allocation in procurement law governs which party bears which risks of a public contract. Principles, contract drafting and concession awards.
RPW 2013 – Design Competition Guidelines in Procurement Law 2026
RPW 2013: German guidelines for design competitions in architecture and urban planning – scope, procedure and procurement law classification.
Early Payment Discount (Skonto) in Procurement Law
An early payment discount (Skonto) is a percentage price reduction for prompt payment that can be stated in tenders and must be handled separately under procurement law.
EU Thresholds in Procurement Law 2026
EU thresholds determine the contract values above which EU-wide tendering obligations apply. Current amounts, calculation rules and national differences.
Immediate Appeal in Procurement Law 2026
Immediate appeal (sofortige Beschwerde) in German procurement law: remedy against decisions of the procurement chamber to the Higher Regional Court – time limits, procedure and suspensive effect.
Immorality in Procurement Law 2026
Immorality in procurement law: tenders or arrangements contrary to public policy – elements, legal consequences and distinctions.
Secondary Legal Protection in Procurement Law 2026 – Damages After Award
Secondary legal protection in procurement law refers to the claim for damages after a contract has been awarded. Conditions and distinction from primary legal protection.
Sectors Procurement Ordinance (SektVO) in German Procurement Law
The German Sectors Procurement Ordinance (SektVO) regulates above-threshold procurement by utilities contracting entities in water, energy, transport and postal services. Implements Directive 2014/25/EU.
Secure Signature Creation Device (SSCD) in Procurement Law 2026
Secure Signature Creation Device (SSCD): hardware component for creating qualified electronic signatures – definition, requirements and use.
Security Deposit in Procurement Law 2026
Security deposit in procurement law: security provided by a bidder or contractor to safeguard the claims of the public contracting authority.
Selection Criteria in Procurement Law 2026
Selection criteria in procurement law: criteria for selecting candidates in a call for competition. Distinction from suitability and award criteria.
Self-Cleaning in Procurement Law
Self-cleaning: measures by an undertaking after a ground for exclusion to restore reliability. Art. 57(6) Directive 2014/24/EU, § 125 GWB, § 83 BVergG 2018.
Separately Contestable Decision in Procurement Law 2026
Separately contestable decisions are certain contracting authority decisions in a procurement procedure against which legal protection must be sought immediately.
Serial Construction in Procurement Law 2026 – Framework Contracts and Type Approvals
Serial construction means the standardised erection of buildings from type plans. Procurement-law framework conditions for framework agreements and call-off procedures.
Service in Public Procurement 2026
Service in public procurement: umbrella term for works, supplies and services that public contracting authorities procure through regulated tendering procedures.
Sham Bid in Procurement Law 2026 – Collusion and Competition Law
A sham bid is a manipulated tender in public procurement that simulates competition. Definition, legal consequences and prevention.
Sham Tender in Procurement Law 2026 – Manipulation and Legal Consequences
A sham tender simulates a competitive procurement procedure even though the contractor has already been determined. Definition, detection and legal consequences.
Signature Card in Procurement Law
The signature card is a chip card with a qualified certificate and forms the basis for the qualified electronic signature when submitting tenders electronically.
SIMAP in Procurement Law
SIMAP is the EU information system for public procurement and provides the technical infrastructure for publishing tenders on TED.
Simple Electronic Signature in Public Procurement 2026
Simple electronic signature (SES): the lowest signature level under eIDAS. Definition, distinction from AES and QES, and use in public procurement.
Single Market Relevance in Public Procurement Law 2026
Single market relevance: criterion for cross-border interest in a contract. Decisive for transparency obligations below EU thresholds.
Single-Stage Procedure in Public Procurement 2026
Single-stage procedure in procurement law: procurement procedure without a preceding call for participation. Distinction from the two-stage procedure and use cases.
Single-Stage Procurement Procedure in Public Procurement
In the single-stage procurement procedure, all interested parties submit their bid simultaneously; suitability check and bid evaluation take place in one step.
Site Visit in Public Procurement Law
The site visit is the inspection of the place of performance before bid submission – voluntary or mandatory – and is subject to the principle of equal treatment.
Small and Medium-Sized Enterprises (SMEs) in Procurement Law 2026
SMEs in procurement law: measures to facilitate access by small and medium-sized enterprises to public tenders and contracts.
Small-Lot Rule in Procurement Law 2026
Small-lot rule: a simplification provision allowing individual lots below specified value thresholds to be awarded under simplified procedures or to be exempted from EU law.
Social and Other Specific Services in Procurement Law 2026
Social and other specific services: privileged procurement regime with higher threshold and simplified procedural requirements under EU procurement law.
Source PIN in Austrian Procurement Law 2026
Source PIN (Stammzahl): the unique entity identifier in Austrian eGovernment – significance for electronic procurement and bidder identification.
Special Contract Conditions (BVB) in Public Procurement Law 2026
Special contract conditions (BVB) in public procurement law: contract-specific provisions as part of the tender documents. Content, relationship to general conditions and legal effect.
Special Services in Public Procurement Law 2026
Special services in public procurement law: social and other specific services with simplified procurement procedures under Annex XIV of Directive 2014/24/EU.
Specification in Procurement Law 2026
Specification in procurement law: technical requirements for products and services in procurement documents – types, permissible formulations and standards reference.
Specifications with Performance Programme 2026
Specifications with performance programme in public procurement: functional description of works in which bidders themselves take over planning and execution.
Standing to Appeal in Procurement Law 2026
Standing to appeal in procurement law: who can lodge an immediate appeal against decisions of the procurement chamber? Conditions and distinction from standing to apply.
Standstill Notification in Public Procurement
The standstill notification is the contracting authority's notice to all bidders of the intended award decision prior to contract conclusion.
Standstill Period in Procurement Law
The standstill period is the statutory waiting time between award decision and contract conclusion that gives bidders the opportunity for review.
Start-Up Companies in Procurement Law 2026
Start-up companies in procurement law: challenges for young companies in public tenders and approaches to solutions.
State Aid in Procurement Law 2026
State aid in procurement law: state subsidies and their relationship with public procurement. EU state aid law, distinctions and compliance.
State Procurement Acts in Public Procurement 2026
State procurement acts: state-specific procurement rules below the EU thresholds – collective bargaining, minimum wage, sustainability obligations and differences between the federal states.
Sub-Threshold Negotiated Award 2026 – Procurement Procedure with Negotiation
The sub-threshold negotiated award is a procurement procedure in which the contracting authority negotiates with selected undertakings about bid content and conditions.
Subcontract in Public Procurement 2026 – Use of Subcontractors in Public Contracts
Subcontract: engaging subcontractors in public contracts. Notification duties, suitability requirements and contractor liability in 2026.
Subcontractor (Subunternehmer) in Procurement Law
Subcontractor (Subunternehmer) in procurement law: company engaged by the contractor for parts of the performance. Disclosure obligation, liability. AT: BVergG 2018, DE: § 36 VgV.
Subcontractor in Public Procurement Law
Subcontractor in public procurement law: company to which parts of the contract are passed on. Disclosure duty, suitability check. Art. 71 Directive 2014/24/EU, § 83a BVergG 2018.
Subcontractor List in Public Procurement Law 2026
Subcontractor list: list of the subcontractors planned by the bidder, to be disclosed in award procedures for suitability verification and transparency.
Subject Matter of Procurement in Procurement Law 2026
Subject matter of procurement: definition of the service to be procured as supply, works or service contract. Significance for the procurement procedure.
Subject Matter of the Contract in Public Procurement Law 2026
Subject matter of the contract: the specific service procured under a public contract. Significance for the choice of procedure and specifications.
Submission in Procurement Law
The submission is the public appointment for opening submitted tenders in the procurement procedure under equal treatment of all bidders.
Supplementary Contract Terms (EVB) in Public Procurement Law 2026
EVB (Supplementary Contract Terms): sector-specific contract clauses in public procurement, notably EVB-IT for IT procurement.
Supplies in Public Procurement 2026
Supplies in public procurement: definition, thresholds, distinction from service contracts and applicable procedural rules.
Utilities Activity in Procurement Law 2026 – Definition and Examples
Utilities activities are the economic activities in water, energy, transport and postal services regulated in the Utilities Directive that trigger special procurement obligations.
Utilities Contracting Entity in Procurement Law
Utilities contracting entities are public and private companies with special rights in water, energy, transport and postal services, subject to special procurement rules.
Utilities Directive 2014/25/EU – Procurement Law 2026 Overview
Directive 2014/25/EU governs procurement in water, energy, transport and postal services. Scope, specifics and national implementation.
Utilities Sector in Procurement Law 2026 – Definition and Scope
The utilities sector covers public activities in water, energy, transport and postal services, subject to special procurement rules under the Utilities Directive.
Task in the General Interest in Public Procurement Law 2026
Task in the general interest: definition, significance for the concept of contracting authority, and distinction from commercial activity in EU procurement law.
Task Not of a Commercial Character in Public Procurement Law 2026
Task not of a commercial character: criterion for classifying legal entities as contracting authorities within the meaning of procurement law.
Technical Specifications in Procurement Law 2026 – Requirements & Limits
Technical specifications define the requirements for services in procurement procedures. Standards, specifications and non-discrimination explained.
Technical Variant Bid 2026 – Definition and Admissibility in Procurement Law
Technical variant bid: bidder proposes a technically deviating solution. Conditions, admissibility and evaluation in public procurement law.
TED Database in Procurement Law 2026
TED Database: Europe's central tendering database for EU-wide procurement notices – function, content, access and significance for bidders and contracting authorities.
TED eSender in Procurement Law 2026
TED eSender: Certified transmission service for EU procurement notices to the EU's TED portal – function, certification and replacement by eForms.
TED in Procurement Law
TED (Tenders Electronic Daily) is the EU's mandatory publication platform for public contracts above the thresholds, with new tenders published daily.
Tender Database in Procurement Law 2026
Tender database: digital platform for searching and analysing public tenders. Overview of TED, DTVP, Ausschreibungen.at and other providers.
Tender Evaluation in Procurement Law 2026 – Examination & Scoring
Tender evaluation: how public contracting authorities examine tenders in stages and score them against award criteria to identify the most economically advantageous tender.
Tender Gazette in Procurement Law 2026
Tender gazette: official or private publication medium for public tenders in the national sub-threshold area. Examples and significance.
Tender Opening in Public Procurement Law 2026
Tender opening in public procurement: the formal session at which tenders are opened after the tender deadline – procedure, tenderer rights and legal basis.
Tender Readiness in Procurement Law 2026
Tender readiness: prerequisite for launching a procurement procedure. When is a project ready to be tendered? Definition and checklist.
Tender Result in Procurement Law 2026
Tender result: notification of the successful tenderer and the evaluation results after closure of a procurement procedure. Transparency and tenderers' rights.
Tender Validity Period in Procurement Law 2026
The tender validity period is the time during which a bidder is bound by their tender and the contracting authority can make the award.
Tied Bid in Public Procurement 2026
Tied bid in public procurement: impermissible linking of a bid to conditions or other services that are not subject of the tender.
Time Limit for Requests to Participate
Time limit for requests to participate: the minimum period for submitting requests in a two-stage procedure. Minimum of 30 days under Art. 29 Directive 2014/24/EU.
Total Price in Procurement Law 2026
Total price refers to the complete, final bid price submitted by a bidder for the tendered service, inclusive of all ancillary costs.
Trade (Gewerk) in Procurement Law
A trade is a self-contained service area in construction and forms the basis for specialist-lot procurement and lot-based awarding.
Trade Authorisation (Befugnis) in Procurement Law
Trade authorisation: trade- and profession-law licensing as suitability evidence in Austrian procurement law. Trade licence, civil engineer authorisation. § 68(1) BVergG 2018.
Trade Licence Qualification in Procurement Law 2026
Trade licence qualification denotes the official authorisation of an undertaking to carry on a regulated trade and serves as proof of eligibility.
Transparency Principle in Procurement Law
The transparency principle obliges contracting authorities to conduct traceable, documented and published procurement procedures as a fundamental principle of EU procurement law.
Types of Procurement Procedures 2026 – Overview of All Procedural Forms
Overview of types of procurement procedure: Open procedure, restricted procedure, negotiated procedure, competitive dialogue and innovation partnership explained.
Types of Public Contracts in Public Procurement Law
Public contracts are divided into three main categories: works contracts, supply contracts and service contracts – with different thresholds.
Disproportionate Effort in Procurement Law 2026
Disproportionate effort: a procurement-law exception that exempts from formal requirements under certain conditions.
Incomplete Bid in Procurement Law 2026 – Exclusion and Subsequent Request
Incomplete bid: when does incompleteness lead to exclusion? Subsequent request options, legal basis and guidance for bidders.
Incorrect Declarations in Procurement Law 2026 – False Statements
Incorrect declarations in procurement law: false statements in the bid or during the suitability check. Ground for exclusion, legal consequences and self-cleaning.
Ineffective Contract in Procurement Law 2026 – Nullity and Consequences
Ineffective contract in procurement law: when is a public contract void? De facto award, grounds for ineffectiveness and consequences for contracting authorities.
Ineffectiveness of the Contract in Procurement Law 2026 – Legal Basis and Procedure
Ineffectiveness of the contract: procurement-law grounds for nullity, time limits to assert it, legal consequences and exceptions at a glance.
Principle of Investigation in Procurement Law 2026
Principle of investigation: the duty of procurement review bodies to establish the facts ex officio – its role in review proceedings.
Signatory in Procurement Law 2026
Signatory in procurement law: the person authorised to sign bids and procurement documents – authority to represent and liability.
Sub-Threshold Contract Value 2026 – Definition and Calculation
Sub-threshold contract value: contracts below the EU thresholds. Calculation, choice of procedure and distinction from the above-threshold range.
Sub-Threshold Procurement 2026 – Award Procedures Below the EU Threshold
Sub-threshold procurement: awarding public contracts below the EU thresholds. Procedure types, legal basis and practical guidance for 2026.
Sub-Threshold Procurement Regulation (UVgO) in Procurement Law
The UVgO governs the award of supply and service contracts below the EU thresholds by German federal authorities. Adopted in 2017.
UfAB – Document for Tendering and Evaluation of IT Services 2026
UfAB: Guide for tendering and evaluating IT services for the public sector. Structure, evaluation model and application in procurement law 2026.
Undeclared Work in Procurement Law 2026 – Exclusion and Prevention
Undeclared work is a mandatory or discretionary ground for exclusion in procurement. Contracting authorities must check bidders' legal compliance. Overview.
Unit Price in Public Procurement 2026
Unit price in public procurement: price per unit of quantity in the bill of quantities. Significance, calculation, and difference from lump-sum price in public contracts.
Unlawful Arrangements and Negotiations in Procurement Law 2026
Unlawful arrangements in procurement law: prohibited collusion between bidders and contracting authorities. Antitrust law, prohibition on negotiation and legal consequences.
Unusual Risk in Public Procurement 2026 – Risk Allocation & Tenderer Rights
Unusual risk: contracting authorities may not impose incalculable risks on tenderers. Definition, examples and procurement consequences in 2026.
Utility Value Analysis in Public Procurement Law 2026
Utility value analysis in public procurement law: method for structured evaluation of bids based on weighted award criteria – how it works and its legal limits.
Administrative Acts in Public Procurement Law 2026 – Public-Law Decisions
Administrative acts in procurement law: distinguishing public-law decisions from private-law procurement decisions in Austria and Germany.
Affiliated Companies in Procurement Law 2026
Affiliated companies in procurement law: definition, disclosure duties and impact on bidding consortia and conflicts of interest.
Availability Declaration in Procurement Law 2026
Availability declaration: a declaration by a company that capacities will be made available to a bidder (capacity loan) in a procurement procedure.
Award Decision Notice in Public Procurement Law
The award decision notice is the notification of the award decision to bidders before the contract is concluded, enabling the initiation of review proceedings.
Award Without Invitation to Tender 2026 – Direct Award and Exceptions
Award without invitation to tender: permissible exceptions to the duty to invite tenders in procurement law. Direct award, negotiated procedure without notice.
Contract Documents in Public Procurement Law 2026 – Components & Order of Precedence
Contract documents are all documents that determine the content of a public contract: specifications, terms and conditions, the tender and the award letter.
Contract in Public Procurement Law 2026 – Formation & Validity
The public contract in procurement law: formation through award, formal requirements, content review and conditions for validity at a glance.
Contract Modification in Public Procurement Law 2026 – When Is It Permitted?
Contract modifications in public contracts: when are they permitted under procurement law, and when do they trigger an obligation to re-tender?
Contract Types in Public Procurement Law 2026 – Overview & Distinctions
Contract types in public procurement law: supply, works and service contracts, contracts for work, framework agreements and concessions compared.
Contractual Penalty in Public Procurement Law
A contractual penalty is a fixed lump-sum payment stipulated in the public contract for breach – in particular delay or defective performance by the contractor.
Cure Period in Procurement Law 2026
Cure period: the deadline for remedying formal defects in bids or documents in a procurement procedure. Austrian and German law.
Four-Eyes Principle in Public Procurement Law 2026 – Controls & Compliance
The four-eyes principle in procurement law safeguards the objectivity of award decisions through dual control and is part of every proper compliance regime.
In-Depth Tender Examination in Public Procurement Law
The in-depth tender examination is the detailed review where abnormally low prices are suspected under § 123 BVergG 2018, with a clarification meeting and price breakdown.
Legal Aid in Procurement Law 2026 – Aid in Review Proceedings
Legal aid in procurement law: legal support for impecunious parties in review proceedings. Conditions and how to apply.
Preliminary Award Decision 2026 – Notification Before the Award
The preliminary award decision informs bidders before the final award is made and enables review proceedings to be initiated.
Preliminary Work in Public Procurement Law 2026 – Services Before the Tender
Preliminary work in procurement law: planning, market consultation and preparatory services prior to the tender and their effect on the award.
Prior Information Notice in Public Procurement Law
The prior information notice is the voluntary EU announcement of planned public contracts up to 12 months in advance and allows shorter tender deadlines in the later procedure.
Prior Information Notice on the Tender 2026 – Pre-Announcement in Procurement Law
The prior information notice on the tender announces planned procurement procedures, enables shorter tender deadlines and informs the market at an early stage.
Procedure Participants in Procurement Law 2026
Procedure participants in procurement law: contracting authorities, bidders, candidates and other actors in the procurement and review procedure. Rights and duties.
Procedure Types in Procurement Law
Procedure types in procurement law: an overview of the open procedure, restricted procedure, negotiated procedure, competitive dialogue and innovation partnership.
Procurement and Contract Code 2026 – VOB, VOL, VOF at a Glance
Procurement and contract code: umbrella term for VOB, VOL and VOF – the German rulebooks for public procurement of works, supplies and services.
Procurement Award in Public Law 2026 – Term and Significance
Procurement award: umbrella term for the engagement of companies by public contracting authorities. Procedure, principles and legal basis.
Referral to the Federal Court of Justice (BGH) in Public Procurement Law 2026
Referral to the BGH in procurement law: higher regional court procurement senates can refer questions of principle to the BGH. Procedure under § 179 GWB.
Reliance Damages in Public Procurement Law 2026 – Compensation for Bidders
Reliance damages in procurement law: claim for damages by bypassed bidders for tender costs where the procurement procedure was conducted unlawfully.
Vadium in Procurement Law
Vadium is the Austrian term for the bid security a bidder lodges as a deposit before the contract is awarded.
Value Threshold in Procurement Law 2026 – Thresholds & National Limits
Value thresholds in procurement law determine which procedure applies: EU thresholds, national limits for direct award and simplified procedures.
Value Thresholds in Procurement Law
Value thresholds are national contract value limits below the EU thresholds that determine which simplified procurement procedure is permissible.
Variable Price in Procurement Law 2026 – Price Escalation Clauses
Variable price (sliding price) in procurement law: price escalation clauses for long contract terms, indices and limits of price adjustment.
Variant Bid (Austria) in Procurement Law
Variant bid: Austrian term for an alternative bid offering a different way of performing the service. Only admissible if expressly allowed by the contracting authority.
Variant Bid Price in Procurement Law 2026
Variant bid price: the price of an alternative bid in a procurement procedure that departs from the tendered service. Admissibility and evaluation.
VEBEG Procurement Law 2026 – Federal Disposal Company
VEBEG: federally-owned company for the disposal of federal assets no longer required. Its role in public procurement and disposal.
VHB-Bund Procurement Law 2026 – Federal Procurement Handbook
VHB-Bund: the federal procurement handbook governs the award of construction works by federal authorities. Forms, guidelines, model contracts.
Virtual Marketplace in Public Procurement Law 2026
Virtual marketplace: electronic platform for digital procurement by public contracting authorities – function, types and procurement-law classification.
VOB – German Construction Contract Procedures 2026
VOB (Vergabe- und Vertragsordnung für Bauleistungen): The central body of rules for public construction procurement in Germany. VOB/A, VOB/B and VOB/C explained.
VOB – Procurement and Contract Regulations for Construction Works 2026
VOB: German Procurement and Contract Regulations for Construction Works. Structure, Parts A/B/C, scope and significance for public works contracts explained.
VOB/A – Award of Construction Works 2026 – Procedural Rules Explained
VOB/A: Procurement and Contract Regulations for Construction Works, Part A. Procedural rules, sections, scope and relationship to the VgV explained.
VOF – Procurement Regulations for Liberal-Professional Services 2026
VOF: Procurement Regulations for Liberal-Professional Services – historical procurement framework for architects and engineers, replaced by VgV 2016.
VOL – German Procurement and Contract Procedures for Supplies and Services 2026
VOL (Vergabe- und Vertragsordnung für Leistungen): The body of rules for supply and service contracts in Germany. Overview of VOL/A and VOL/B.
VOL Procurement Law 2026 – Procurement Regulations for Services
VOL (Procurement Regulations for Services): German framework for the award of supply and service contracts. Replaced by UVgO.
VSVgV – German Defence and Security Procurement Ordinance 2026
The VSVgV governs the award of defence and security contracts in Germany and transposes the EU Procurement Directive 2009/81/EC.
Competition Principle in Procurement Law
The competition principle obliges public contracting authorities to ensure genuine bidder competition and to avoid restrictive conditions.
Competition Principle in Procurement Law 2026
Competition principle: Core principle of procurement law that ensures fair and open bidder competition in the award of public contracts.
Competition Register Procurement Law 2026
Competition Register: Nationwide register for economic crime that public contracting authorities must query before awarding a contract.
Contract for Work in Public Procurement Law 2026 – Distinctions & Significance
The contract for work in procurement law: civil-law basis for works and service contracts, distinction from the service contract and particularities in public procurement.
Most Economical Tender in Procurement Law 2026
Most economical tender: Synonym for the most economically advantageous tender – the principle of the best price-performance ratio in procurement law.
Most Economically Advantageous Tender in Procurement Law 2026
Most economically advantageous tender: The award criterion that combines price and quality – basis for bid evaluation under EU procurement law.
Objection in Procurement Law 2026
Objection in procurement law: Legal remedy against decisions of the procurement review authority – distinction from the application for review and the complaint.
Optional Item in Public Procurement Law
An optional item is an optional line in the bill of quantities that the contracting authority may, but is not required to, call off after the award.
Restriction of Competition in Public Procurement Law 2026
Restriction of competition in procurement law: conduct that improperly restricts free competition between bidders for public contracts.
Revocation Decision in Procurement Law 2026
Revocation decision: The formal decision of the contracting authority to terminate a procurement procedure without award – challengeable in review proceedings.
Revocation Declaration in Procurement Law 2026
Revocation declaration: The external communication of the revocation decision to all bidders in the procurement procedure.
Revocation in Procurement Law 2026
Revocation in procurement law: Termination of a procurement procedure by the contracting authority without award – conditions and legal consequences.
Standstill Obligation in Public Procurement Law 2026 – Standstill Period Before Contract Conclusion
The standstill obligation (standstill period) in procurement law requires the contracting authority to wait at least 15 days after the award decision before concluding the contract.
Wage Escalation Clause in Public Procurement
A wage escalation clause is a contract clause that allows the contract price to be adjusted when wage costs change, protecting contractors against cost increases.
Warranty in Procurement Law 2026
Warranty in procurement law refers to the contractor's statutory and contractual liability for defects after acceptance of the work.
Weighting of Award Criteria in Procurement Law 2026
Weighting of award criteria specifies the percentage share with which each criterion is included in the overall evaluation of bids.
Whistleblower Protection Act (HinSchG) in Procurement Law 2026
The HinSchG protects whistleblowers who report procurement violations or corruption in public procurement from professional disadvantages.
Work (Construction) in Procurement Law 2026
Work in procurement law: definition of the procurement-law concept of a 'work' as the basis for classifying contracts as works contracts or works concessions.
Works Concession in Procurement Law 2026
Works concession: award of construction services against the right to exploit the work. Definition, distinction and legal basis under the EU Concessions Directive.
Works Contract in Procurement Law
Works contract in procurement law: public contract for construction services with an EU threshold of EUR 5,538,000. Governed by BVergG 2018 (AT) and VOB/A (DE).
Access to Procurement Documents 2026
Access to procurement documents: Right of all interested parties to non-discriminatory, electronic access to tender documents of public contracting authorities.
Admission of Variants in Procurement Law 2026
Admission of variants: Decision of the contracting authority whether bidders may submit alternative solution proposals in addition to the main offer.
Award and Binding Period in Procurement Law 2026
Award and binding period: Period during which bidders are bound to their offer and the contracting authority may make the award.
Award Criteria in Procurement Law 2026
Award criteria determine the most economically advantageous tender in procurement procedures. Price, quality, weighting. Art. 67 Directive 2014/24/EU. AT & DE.
Award in Procurement Law
The award is the acceptance of the most economically advantageous offer by the contracting authority and establishes the public-law contract.
Award of Contract in Procurement Law 2026
Award of contract: acceptance of the most economically advantageous tender by the contracting authority – the central act of public procurement, concluding the contract.
Award Period in Procurement Law
The award period is the timeframe within which the contracting authority must grant the award – once it expires, bidders are no longer bound by their tender.
Central Procurement Activity in Procurement Law 2026
Central procurement activity: EU directive umbrella term for all activities of central procurement bodies – wholesaler and ancillary function.
Central Procurement Body in Procurement Law
Central procurement body: Bundles procurement for public contracting authorities. AT: BBG GmbH. DE: BMI Procurement Office. Art. 37 Directive 2014/24/EU. Framework agreements.
Central Procurement in Procurement Law 2026
Central procurement: Bundling public purchasing through specialised bodies to increase efficiency and reduce costs in public procurement.
Certificate in Procurement Law 2026
Certificate in procurement law: Official document evidencing the suitability, qualification or standard conformity of a bidder or their services.
Certification Body in Procurement Law 2026
Certification body: Accredited institution that issues certificates for quality, environmental or other standards and provides evidence recognised under procurement law.
Contract Award Decision in Procurement Law
Contract award decision: Announcement of the intended award before contract conclusion. Triggers the standstill period. § 131 BVergG 2018. Challengeable by application for review.
Doubtful Price Statement in Procurement Law 2026
Doubtful price statement: a price entry in a tender that contains ambiguities or contradictions and must be clarified by the contracting authority.
Expediency Review in Procurement Law 2026
Expediency review: assessment in the procurement procedure of whether a procurement meets public need and is economically sensible.
Grants and Subsidies in Procurement Law 2026
Grants and subsidies: public funding that can trigger procurement-law obligations where it is used to procure goods, works or services.
Making of the Award in Procurement Law
The making of the award is the formal acceptance of the most economically advantageous offer after expiry of the standstill period and establishes the public contract.
Mandatory Grounds for Exclusion in Procurement Law
Mandatory grounds for exclusion require a bidder to be excluded from the procurement procedure where certain convictions or breaches exist.
Reliability in Procurement Law 2026
Reliability: a selection criterion in procurement law certifying a bidder's personal integrity and law-abiding corporate conduct.
Time Contract in Procurement Law 2026
Time contract: Contract without a fixed quantity, where services are called off and paid for according to actual demand and time spent.
Time Contract Works in Procurement Law 2026
Time contract works: Construction services in public contracts settled on the basis of actual time spent and agreed hourly rates.
Time Stamp in Procurement Law
The time stamp is the electronic confirmation of date and time and serves in procurement law as proof of timely offer submission.
Two-Stage Procurement Procedure in Procurement Law
The two-stage procurement procedure separates selection and tender evaluation into two phases: call for participation and invitation to tender.
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