What is a Procurement Report?
The procurement report (German: Vergabevermerk) is the comprehensive written documentation of a procurement procedure by the contracting authority. It serves as proof of proper conduct and is critically important in potential reviews by procurement chambers, audit courts, or supervisory authorities.
Legal Framework
- § 8 VgV: Documentation and procurement report — central provision
- § 6 EU VOB/A: Documentation for EU-wide construction procurements
- § 6 UVgO: Report for sub-threshold supplies and services
- § 20 VOB/A: Report for sub-threshold construction
Mandatory Contents
Under § 8 VgV, the report must include:
- Basic data: Contracting authority, subject and value, CPV codes, names of considered and excluded bidders with justification
- Procedural decisions: Chosen procedure type with justification, reasons for not dividing into lots, selection and award criteria
- Conduct: Bidder communication, suitability assessment results, bid evaluation results with justification
- Result: Award decision with justification, successful bidder, subcontracting share, reasons for cancellation (if applicable)
Documentation Depth
| Aspect | Minimum Requirement |
|---|---|
| Procedure choice | Justification with legal reference |
| No lot division | Economic/technical reasons documented |
| Suitability check | Individual assessment of each bidder |
| Evaluation | Scoring of each criterion with justification |
| Clarification | Questions, answers, and results recorded |
| Exclusion | Legal basis and facts documented |
Timing
The report must be maintained contemporaneously — during the procedure, not retrospectively. Retrospective creation may raise manipulation concerns.
Significance for Legal Remedies
In review proceedings, the report is the central piece of evidence. The authority must submit it to the procurement chamber (§ 163(2) GWB). Gaps in documentation work against the authority, and deficient documentation can lead to annulment.
Common Errors
- Retrospective creation after bid opening
- Missing justification for procedure choice
- Inadequate evaluation documentation
- Undocumented clarification meetings
- No justification for combined (non-lot) award
Patterno hilft
Patterno provides bidders with transparency about past procurement procedures. By analyzing award notices and procurement data, you gain insight into competitive situations, achieved prices, and award decisions — valuable information for your bidding strategy.