Virtual Marketplace in Public Procurement Law 2026
Virtual marketplace: electronic platform for digital procurement by public contracting authorities – function, types and procurement-law classification.
Definition: A virtual marketplace is an electronic platform on which public contracting authorities can procure standardised products and services digitally, typically by means of predefined framework agreements or catalogue ordering.
Last updated: January 2026 · Legal basis: §§ 120, 121 GWB; Art. 33, 34 Directive 2014/24/EU; § 153 BVergG 2018
What is a virtual marketplace?
Virtual marketplaces are digital procurement platforms that allow public contracting authorities to procure goods and services efficiently and in a standardised manner. They differ from classic e-procurement platforms in that not every individual purchase requires a separate procurement procedure. Instead, the procurement-law requirements (tender, suitability assessment, contract conclusion) have been satisfied at the level of access to the platform.
Well-known examples are the Electronic Marketplace (EMP) of the Federal Employment Agency and the Kaufhaus des Bundes (KdB) in Germany, as well as platforms such as Peppol in the European context.
Procurement-law classification
Virtual marketplaces are generally structured under procurement law as dynamic purchasing systems (DPS) or as framework agreements.
Dynamic purchasing system (DPS)
The DPS (Art. 34 Directive 2014/24/EU; § 120 GWB) is a fully electronic procurement procedure for commonly used goods and services. It is open to all eligible bidders throughout its term and resembles an "ongoing procurement procedure".
Framework agreement
Alternatively, virtual marketplaces can be based on framework agreements (Art. 33 Directive 2014/24/EU; § 21 VgV), in which prices, conditions and the pool of bidders are set in advance. Individual call-offs are then made without a further procurement procedure.
Benefits of virtual marketplaces
Virtual marketplaces significantly reduce the effort involved in procurement:
- Quick ordering without an individual tender
- Transparent price comparisons
- Standardised contract conditions
- Automated invoice processing
- Complete documentation for audit purposes
Risks and limits
Virtual marketplaces are only suitable for standardised, plannable procurement needs. Individual or complex services still require a separate procurement procedure. It must also be ensured that access to the marketplace itself was designed in compliance with procurement law.
Kaufhaus des Bundes (KdB)
The Kaufhaus des Bundes (KdB) is the official virtual marketplace of the German federal administration. It allows federal authorities to call off standard products and services digitally from contracts that have been pre-tendered.
Related terms
- Dynamic Purchasing System
- Framework Agreement
- Electronic Catalogue
- Electronic Marketplace
- E-Procurement
FAQ
Does every purchase via a virtual marketplace have to be tendered? No. The procurement-law effort has already been carried out when setting up the marketplace (framework agreement or DPS). Individual call-offs are then possible without a tender.
Can all public contracting authorities use the Kaufhaus des Bundes? KdB is in principle available to federal authorities. Under certain conditions, states and municipalities can also participate or use comparable platforms at state level.
Is a virtual marketplace also accessible to SMEs? In principle yes, provided the entry conditions are met. By law, dynamic purchasing systems must be kept open to all eligible bidders.
Last updated: January 2026 All information is provided without guarantee. For legally binding advice please consult a law firm specialising in public procurement law.
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