Concession Award Regulation (KonzVgV) 2026

Definition: The Concession Award Regulation (Konzessionsvergabeverordnung, KonzVgV) is the German regulation transposing Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts; it governs the procedure for the award of works and services concessions above the EU threshold.

Last updated: January 2026 · Legal status: KonzVgV of 12 April 2016 (BGBl. I p. 624); Directive 2014/23/EU; GWB §§ 105, 149 et seq.

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What is the Concession Award Regulation?

The KonzVgV is the central body of rules for the award of concessions in Germany and gives concrete form to the general requirements of the GWB (§§ 105, 149 et seq.) in respect of concession awards. It entered into force on 18 April 2016 and transposes EU Directive 2014/23/EU on the award of concession contracts into German law.

The KonzVgV is a comparatively slim regulation (§§ 1–18), because Directive 2014/23/EU leaves national contracting authorities considerable flexibility in designing the award procedure.

Scope of application

The KonzVgV applies to concessions awarded by public contracting authorities and utilities contracting entities where the value of the concession meets or exceeds the EU threshold of EUR 5,538,000 (excluding VAT).

The KonzVgV does not cover:

• Water concessions (Article 12 of Directive 2014/23/EU)
• Concessions in the field of defence and security (in so far as they are covered by the VSVgV)
• Concessions below the threshold (state law and the general principles apply, where applicable)

Key provisions

The KonzVgV contains rules on publication, the award procedure, the assessment of eligibility and legal protection.

Publication (§§ 9–11 KonzVgV)

Concession awards must be published in the Official Journal of the EU (TED). The notice must lay down a minimum time limit for applications, which may not be less than 30 days from despatch of the notice.

Award procedure (§§ 12–14 KonzVgV)

Unlike classical procurement procedures, the KonzVgV does not lay down the award procedure in a schematic manner. Contracting authorities are free to design the procedure, provided they observe the principles of transparency, equal treatment and non-discrimination. Negotiations with bidders are permissible and customary.

Assessment of eligibility (§ 15 KonzVgV)

Contracting authorities may impose requirements on the financial and technical capacity of candidates. The requirements must be proportionate and related to the subject-matter of the concession.

Grounds for exclusion (§ 16 KonzVgV)

The mandatory grounds for exclusion under § 123 GWB (serious criminal offences) and the discretionary grounds for exclusion under § 124 GWB (e.g. insolvency, misconduct in competition) also apply to concession awards.

Distinction from other procurement regulations

Procurement regulation	Scope
VgV	Supply and service contracts (classical sphere)
SektVO	Contracts of utilities contracting entities
KonzVgV	Works and services concessions
VSVgV	Procurement in the field of defence and security
UVgO	Below-threshold procurement (supplies/services)

Related terms

• Concession
• Concession Contract
• Grantor of the Concession
• Concessionaire

FAQ

Is there a corresponding regulation to the KonzVgV in Austria? In Austria, concession awards are regulated directly by the BVergG 2018 (§§ 188 et seq.), without a separate regulation.

Must a concession award be tendered as a matter of principle? Yes, where the threshold of EUR 5,538,000 is reached, an EU-wide notice and a transparent award procedure under the KonzVgV must be carried out. Below the threshold, the general principles and, where applicable, state law apply.

How long is the minimum time limit for applications? The minimum time limit is 30 days from despatch of the notice (§ 12 KonzVgV). For complex concessions, a longer time limit should be chosen.

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Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.