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Legislation & further information on public procurement law
Legislation
The Federal Public Procurement Tribunals’ work is based on the following legal provisions:
- Part 4 of the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen – GWB) (Sections 97-186 GWB)
- Ordinance on the Award of Public Contracts (Vergabeverordnung - VgV)
- Ordinance on the Award of Public Contracts by Entities operating in the Transport, Water and Energy Sectors (Sektorenverordnung – SektVO) (in German)
- Ordinance on the Award of Concession Contracts (Konzessionsvergabeverordnung - KonzVgV) (in German)
- Ordinance on procurement in the defence and security sectors - (Vergabeverordnung Verteidigung und Sicherheit - VSVgV) (in German)
- Ordinance on Public Procurement Statistics (Vergabestatistikverordnung – VergStatVO) (in German)
- Award and Contract Procedure for Constructive Services, Part A (Vergabe- und Vertragsordnung für Bauleistungen, Teil A - VOB/A), (in German)
The legal provisions listed above serve to implement the following directives of the European Community. They are available at the website of the Federal Ministry of Economics and Climate Action:
- Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Official Journal of the European Union of 28 March 2014 no. L 94, p. 65)
- Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal service sectors and repealing Directive 2004/17/EC (Official Journal of the European Union of 28 March 2014 no. L 94, p. 234)
- Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Official Journal of the European Union of 28 March 2014 no. L 94, p. 1)
- Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Official Journal of the European Union of 20 December 2007 no. L 335, pp. 31 ff.), including the above amended directives
- Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC of 13 July 2009 (Official Journal of the European Union of 20 August 2009, no. L 216, pp. 76 ff.)
The Bundeskartellamt does not guarantee that the legal provisions to which it provides links on its website are available in their latest version.
Further information
The following information on legal protection in the award of public contracts applies to award proceedings initiated on 18 April 2016 or later, including subsequent review proceedings: