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.
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