What is a Contracting Authority?
The contracting authority (German: Auftraggeber) is the institution that conducts a tender and awards the contract. There are different types in public procurement law:
Types of Contracting Authorities
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Public contracting authorities (§ 99 GWB)
- Federal, state, municipal governments
- Public law institutions
- Associations of public authorities
-
Sector contracting entities (§ 100 GWB)
- Energy, water, transport sector
- Public and private companies
-
Concession grantors (§ 101 GWB)
- For works and service concessions
Authority's Obligations
- Transparent procedure
- Equal treatment of all bidders
- Non-discrimination
- Documentation requirement
- Economic use of public funds