What is Public Procurement Law?
Public procurement law (German: Vergaberecht) comprises all legal rules governing how public authorities must award contracts for works, supplies, and services to companies. Its purpose is to ensure transparent, non-discriminatory competition for public contracts.
Legal Framework in Germany
German procurement law has a two-tier structure:
Above EU thresholds:
- GWB Part 4 (§§ 97–184) – Fundamentals and legal remedies
- VgV – Procurement regulation for supplies and services
- VOB/A Section 2 – Construction contracts above EU threshold
- SektVO – Utilities regulation (water, energy, transport)
Below EU thresholds:
- UVgO – Sub-threshold procurement regulation
- VOB/A Section 1 – Construction contracts below EU threshold
- State procurement laws
EU Directives
German procurement law is based on three key EU directives:
- 2014/24/EU – Classic procurement directive
- 2014/25/EU – Utilities directive
- 2014/23/EU – Concessions directive
Core Principles
The five procurement principles under § 97 GWB:
- Competition – Sufficient competition must be ensured
- Transparency – Procedures must be documented and traceable
- Equal treatment – All bidders must be treated equally
- Proportionality – Requirements must be appropriate
- Value for money – Award to the most economically advantageous tender
Legal Remedies
Companies that feel disadvantaged can challenge procurement decisions:
- Review body (Vergabekammer) – First instance for review applications
- Higher Regional Court (OLG) – Appeals against review body decisions
With Patterno, stay on top of all current tenders – regardless of which procurement platform they are published on.