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.
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