What is Competition in Procurement Law?
Competition is one of the five fundamental principles of German procurement law under Section 97 GWB. It requires public authorities to award contracts in a manner that ensures fair and effective competition among providers.
Legal Framework
- Section 97(1) GWB: Public contracts shall be awarded through competition and transparent procedures
- Art. 18 Directive 2014/24/EU: Principles of procurement
- Section 2 VOB/A: Principles for construction procurement
Dimensions of the Competition Principle
| Dimension | Description |
|---|---|
| Sufficient competition | Ensure minimum number of bidders |
| Fair competition | Equal treatment of all participants |
| Effective competition | No distortion of competition |
| Open competition | No unjustified restrictions |
Ensuring Sufficient Competition
The authority must actively ensure competition through the right procedure type, reasonable eligibility criteria, adequate deadlines, product-neutral specifications, and lot division.
Anti-Competitive Practices
Prohibited practices include tailoring tenders to specific bidders, excessive eligibility requirements, unreasonably short deadlines, and bid-rigging among bidders (criminal offense under Section 298 StGB).
How Patterno Helps
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