Glossary · Page 7 of 7

Procurement Glossary

All key terms around public procurement and tendering — explained clearly.

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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.

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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.

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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).

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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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