What is the Transparency Requirement?
The transparency requirement (German: Transparenzgebot) is one of five fundamental procurement principles under § 97 GWB. It obliges contracting authorities to conduct procedures in a traceable, open, and documented manner.
Legal Basis
- § 97(1) GWB: Public contracts must be awarded through transparent procedures
- Art. 18(1) Directive 2014/24/EU: EU-level transparency principle
- § 8 VgV: Documentation in the procurement report
- § 134 GWB: Advance information to bidders
Manifestations
Publication: EU-wide notice on TED, complete information disclosure. Tender documents: Clear specifications, pre-established criteria with known weightings. Documentation: Comprehensive procurement report of all decisions. Information duties: Standstill notice with reasons, equal answers to all bidders.
Limits of Transparency
Business secrets are protected, other bidders' prices are not disclosed (except at VOB/A submission), and the procurement report is only accessible after procedure completion.
Violations as Review Grounds
Unclear criteria, retroactive changes to evaluation standards, missing documentation, and unequal information distribution can lead to successful review applications.
Practical Tip
Patterno makes tenders transparently accessible across all platforms, helping you fully understand requirements.