What is the Utilities Regulation?
The Utilities Regulation (SektVO) is a procurement regulation that establishes special rules for contract awards by utilities sector contracting entities. It applies to entities operating in the water, energy, transport, and telecommunications sectors.
Scope
The SektVO covers entities operating in:
- Water: Drinking water supply, water management
- Energy: Electricity and gas supply, district heating
- Transport: Public transport, railways, airports, ports
- Post: Postal services (where not liberalized)
Key Differences from Standard Procurement Rules
- Higher thresholds: €431,000 for supplies and services (vs. €221,000), €5,382,000 for works
- More flexible procedures: Utilities can freely choose between open, restricted, and negotiated procedures
- Qualification systems: Option to establish permanent pre-qualification systems
- Shorter deadlines: Partially shorter minimum deadlines
Who are Utilities Sector Entities?
These include public authorities operating in a sector, private companies with special or exclusive rights, and companies under dominant public influence.
Practical Significance
For bidders, knowing whether a contracting authority falls under the SektVO is important as it affects deadlines, procedure types, and thresholds. Many municipal utilities, transport companies, and energy providers procure under the SektVO.