Procurement regulation

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Basic data
Title: Ordinance on the award of public contracts
Short title: Procurement regulation
Abbreviation: VgV
Type: Federal Ordinance
Scope: Federal Republic of Germany             
Issued on the basis of: Section 57a ​​(1) and (2 ) HGrG as amended. of the G of November 26, 1993 ( Federal Law Gazette I, p. 1928 )
Legal matter: Commercial administrative law , antitrust law
References : 703-5-5
Original version from: February 22, 1994
( BGBl. I p. 321 )
Entry into force on: March 1, 1994
Last revision from: April 12, 2016
( BGBl. I p. 624 )
Entry into force of the
new version on: 		April 18, 2016
Last change by: Art. 3 G of March 25, 2020
( Federal Law Gazette I pp. 674, 675 )
Effective date of the
last change: 		April 2, 2020
(Art. 6 G of March 25, 2020)
GESTA : E028
Please note the note on the applicable legal version.

The Procurement Ordinance (VgV) is a statutory ordinance of the federal government which, since its revision in 2016, has been used to implement the package for the modernization of European procurement law. This includes the directive on public procurement (directive 2014/24 / EU), the directive on the award of contracts in the areas of water, energy and transport as well as postal services (directive 2014/25 / EU) and the directive on Awarding of concessions (Directive 2014/23 / EU). Since then, the authorization to issue the procurement ordinance has been derived from Section 113 and Section 114 (2) GWB .

The award Ordinance regulates the procedure to be followed in the competition act underlying the award of public contracts and in the organization of competitions by the contracting authority. It does not apply to the award by sector contracting authorities for the purpose of carrying out a sector activity , the award of defense or security-specific contracts and the award of concessions ( § 1 VgV), which are regulated in separate ordinances.

scope of application

The VgV is applicable to the award of public contracts subject to Part 4 of the Act against Restraints of Competition (Sections 97 ff. GWB) and to the organization of competitions by the contracting authority. For this, the estimated order or contract value according to § 3 VgV without sales tax is decisive. This must reach or exceed the specified threshold values ​​(so-called upper threshold range, Section 106 (1) GWB). For the award of public supply and service contracts below the EU threshold values, the sub -threshold procurement regulation applies .

The respective threshold value results from Section 106 (2) GWB from certain EU directives. The Federal Ministry for Economic Affairs and Energy announces them in the Federal Gazette ( Section 106 (3) GWB).

The threshold value has been since January 1, 2018

  • 144,000 euros for public supply and service contracts awarded by the central government authorities named in Annex I of Directive 2014/24 / EU as public contracting authorities,
  • 221,000 euros for public supply and service contracts awarded by contracting authorities other than those listed in Annex I of Directive 2014/24 / EU,
  • 5 548 000 euros for public works contracts,
  • 144,000 euros for competitions carried out by contracting authorities that are central government authorities within the meaning of Annex I of Directive 2014/24 / EU and
  • 221,000 euros for competitions carried out by contracting authorities other than those listed in Annex I of Directive 2014/24 / EU.

The VOL / A, 2nd section for tenders under European law above the threshold values ​​and the VOF have been incorporated into the VgV. When awarding construction contracts, VOB / A continues to apply in accordance with § 2 VgV.

Award procedure

In Germany, procurement law was traditionally regulated as part of budget law with the aim of ensuring that budget funds were used sparingly in procurement. The EU public procurement law, on the other hand, is primarily interested in opening up national procurement markets to cross-border competition within the EU. Above all, it is intended to avoid the risk of local bidders being given preference when awarding a contract and, at the same time, to exclude the possibility of a contracting authority being guided by considerations other than economic ones.

The principles of the award are standardized in Section 97 GWB. These include the transparency, equal treatment and economic efficiency requirements, and orders should only be awarded to suitable companies who, for example, have to prove their technical and professional performance through references .

Legal protection

Companies have the right to have the provisions on the award procedure complied with ( Section 97 (6) GWB). The award of public contracts and concessions is subject to review by the federal public procurement chambers for public contracts and concessions attributable to the federal government and the federal state procurement chambers for public procurement and concessions attributable to them ( Section 155 , Section 156 (1), Section 159 GWB) .

The federal award chambers are set up at the Federal Cartel Office. The federal states regulate the allocation of their awarding chambers independently.

Immediate appeal against decisions of the public procurement tribunal is permissible, on which only the higher regional court responsible for the seat of the public procurement tribunal decides through a public procurement senate ( § 171 GWB).

literature

Web links

Individual evidence

  1. ↑ BT-Drs. 18/7318 of January 20, 2016
  2. ↑ OJ. L 94/65 of March 28, 2014
  3. ↑ OJ. L 94/243 of March 28, 2014
  4. ↑ OJ. L 94 of March 28, 2014
  5. ↑ Ordinance on the modernization of procurement law (Verification Modernization Ordinance - VergRModVO) of April 12, 2016, Federal Law Gazette I p. 624
  6. ↑ Anja Falkenstein: Law change in force since mid-April: The new procurement law 2016 June 1, 2016
  7. ↑ Height of the threshold values, German bulletin , glossary, accessed on December 2, 2019
  8. ↑ cf. Announcement of the new EU thresholds for the award of public contracts that will apply from January 1, 2018 on December 20, 2017
  9. ↑ Public contracts and awarding: overview and legal basis at the federal level Federal Ministry for Economic Affairs and Energy , accessed on December 2, 2019
  10. ↑ Angela Dageförde, Oliver Hattig: Checklist 1: How does German public procurement law work? (without year)
  11. ↑ Alexander Seyferth: procedural principles according to § 97 GWB May 31, 2018
  12. ↑ The Federal Public Procurement Chamber Website of the Federal Cartel Office, accessed on December 2, 2019
  13. ↑ Bundeskartellamt: Information sheet on legal protection when awarding public contracts as of June 2019
  14. ↑ Procurement chambers of the federal states Website of the Federal Cartel Office, accessed on December 2, 2019
  15. ↑ Georg Weißenfels: The complaint procedure before the OLG. Retrieved December 3, 2019.