Sub-threshold procurement regulation
| Basic data | |
|---|---|
| Title: | Rules of procedure for the award of public supply and service contracts below the EU threshold values |
| Short title: | Sub-threshold procurement regulation |
| Abbreviation: | UVgO |
| Type: | Rules of Procedure |
| Scope: | Federal Republic of Germany |
| Legal matter: | Procurement law (Germany) |
| Issued on: | February 2, 2017 ( BAnz AT 07.06.2017 B1 ) |
| Entry into force on: | September 2, 2017 (for the federal government) |
| Please note the note on the applicable legal version. | |
The sub- threshold award regulation (UVgO) regulates the procedure for awarding delivery and service contracts below the threshold values of Section 106 (2) of the Act against Restraints of Competition (EU threshold values).
In its area of application, it replaces the procurement and contract regulations for services - Part A (VOL / A) and is structurally based on the procurement regulations from April 2016 applicable to public contracts above the EU threshold values .
Come into effect
The UVgO was announced on February 7, 2017 in the Federal Gazette . For the federal government, however, the UVgO only came into force on September 2, 2017, when the administrative regulations to Section 55 BHO were changed . The federal states regulate the entry into force in their budgetary regulations.
State regulations have been issued so far
- Hamburg (in force since October 1, 2017),
- Bremen (in force since December 19, 2017),
- Bavaria (in force since January 1, 2018),
- the Saarland (in force since March 1, 2018),
- Brandenburg (in force since May 1, 2018)
- North Rhine-Westphalia (in force since June 9, 2018),
- Schleswig-Holstein (in force since July 1, 2018),
- Baden-Württemberg (in force since October 1, 2018).
- Mecklenburg-Western Pomerania (in force since January 1, 2019).
- Thuringia (in force since December 1, 2019)
- Lower Saxony (in force since January 1, 2020).
- Berlin (in force from April 1, 2020)
content
The UVgO primarily regulates the permitted types of procedures in the subliminal area and their sequence. As such, § 8 UVgO names the public invitation to tender, the restricted invitation to tender (with and without participation competition) and the award of negotiations (with and without participation competition). A contracting authority is free to choose between the public tendering and restricted tendering with a competition; the other types of award, however, are only permitted where the UVgO orders or permits them as an exception. The direct award previously permitted, however, no longer applies; the award of negotiations takes its place. The UVgO is based in structure and content on the procurement ordinance (VgV) and refers in some places to the fourth part of the law against restraints of competition . Interpretation standards developed by case law for the provisions of the VgV can therefore also be applied to the regulations of the UVgO in most cases.
literature
- Malte Müller-Wrede : VgV / UVgO including VergStatVO, Commentary , 5th edition, Bundesanzeiger Verlag, Cologne 2017, ISBN 978-3-8462-0556-3 .
Individual evidence
- ↑ a b Dr. Henrik Bremer: The new lower threshold allocation regulation (UVgO): an overview . In: WIRTSCHAFTSRAT law . December 6, 2017 ( wr-recht.de [accessed June 14, 2018]).
- ↑ Federal Ministry for Economic Affairs and Energy : Announcement of the rules of procedure for the award of public supply and service contracts below the EU threshold values (Lower Threshold Award Ordinance - UVgO) - 2017 edition , February 2, 2017
- ↑ BMF circular of September 1, 2017 - II A 3 - H 1012-6 / 16/10003: 003
- ↑ Sub-threshold allocation ordinance (UVgO) Federal Ministry for Economic Affairs and Energy , February 2, 2017
- ↑ Hamburg: From 1.10. the UVgO - procurement blog applies . In: Verabeblog . September 18, 2017 ( vergabeblog.de [accessed June 14, 2018]).
- ↑ B_I tendering services, B_I MEDIEN (bi medien): Bremen: Change in tariff compliance and awarding law and introduction of UVgO | B_I tendering services . In: B_I MEDIA . June 11, 2018 ( bi-medien.de [accessed June 14, 2018]).
- ↑ Bavaria introduces UVgO on 01.01.2018 - procurement blog . In: Verabeblog . December 7, 2017 ( vergabeblog.de [accessed June 14, 2018]).
- ↑ The UVgO applies in Saarland . In: Vergabe24 . ( vergabe24.de [accessed June 14, 2018]).
- ↑ http://www.verismo-legal.de/einf%C3%BChrung-der-unterschwellenvergabeodnung-uvgo-brandenburg-zum-01052018
- ↑ cosinex: entry into force of UVGO in North Rhine-Westphalia . In: cosinex blog . June 8, 2018 ( cosinex.de [accessed June 14, 2018]).
- ↑ UVGO: Schleswig-Holstein and Baden-Wuerttemberg plan implementation - awarding blog . In: Verabeblog . January 26, 2018 ( vergabeblog.de [accessed June 14, 2018]).
- ↑ Order advice center Mecklenburg-Western Pomerania e. V. (ABST), Schwerin: Status of implementation of the UVgO in the federal states and at the federal level . In: ABST News . October 4, 2018 ( abst-mv.de [PDF; accessed November 7, 2018]).
- ↑ Order advice center Mecklenburg-Western Pomerania e. V. (ABST), Schwerin: 2018-08-22 Procurement Act MV 2018 - Consolidated version of VergabeG MV . In: ABST News . August 22, 2018 ( abst-mv.de [accessed November 7, 2018]).
- ↑ Free State of Thuringia: Law amending the Thuringian Procurement Act and other budgetary regulations of July 30, 2019 (GVBl. P. 315) . In: Law and Ordinance Gazette Thuringia . August 19, 2019 ( thueringen.de [PDF; accessed January 14, 2020]).
- ^ State of Lower Saxony: Law to amend the Lower Saxony collective agreement and procurement law and the Lower Saxony state budget . In: Law and Ordinance Gazette Lower Saxony . November 29, 2019 ( niedersachsen.de [PDF; accessed November 29, 2019]).
- ↑ Senate Department for Finance: Decree II B 51 - H 1055-1 / 2019-2-5 of February 14, 2020 . ( berlin.de [accessed on February 25, 2020]).
- ↑ Dr. Henrik Bremer: Significance and consequences of the UVgO for direct award . In: WIRTSCHAFTSRAT law . May 21, 2017 ( wr-recht.de [accessed June 14, 2018]).
