Glossary
Public procurement terms, explained briefly and with sources.
A
Abnormally Low Tender in Public Procurement Law
Abnormally low tender: price appears inappropriately low. Duty of clarification. § 123 BVergG 2018, Art. 69 Directive 2014/24/EU. Exclusion where no explanation given.
Abnormally Low Tenders in Public Procurement 2026
Abnormally low tenders in public procurement: definition, indicators, the contracting authority's duty to investigate, and consequences for unusually low offers.
Above-Threshold Area in Public Procurement Law 2026
Above-threshold area in public procurement law: EU-wide tender obligation once thresholds are reached – legal framework, procedure types, deadlines and legal protection.
Above-Threshold Contract Value in Public Procurement Law 2026
Above-threshold contract value: contract value above the EU thresholds with full application of EU procurement law – calculation, aggregation and current values 2026.
Accelerated Procedure in Procurement Law 2026
Accelerated procedure in procurement law: shortening of minimum deadlines in cases of urgent need. Conditions under Directive 2014/24/EU.
Acceleration Bonuses in Procurement Law 2026
Acceleration bonuses in procurement law: additional remuneration for accelerated performance. Admissibility, limits and contractual design.
Acceptance of Tender in Public Procurement Law 2026
Acceptance of tender in procurement law: the award as legal acceptance of the tender, distinction from the award decision and conclusion of contract.
Access to Procurement Documents 2026
Access to procurement documents: Right of all interested parties to non-discriminatory, electronic access to tender documents of public contracting authorities.
Act against Restraints of Competition (GWB) – Procurement Law 2026
The GWB is Germany's central competition and procurement act. Part 4 governs public procurement above the EU thresholds.
Adequacy of the Bid in Public Procurement Law 2026
Adequacy of the bid: examination obligation for abnormally low prices, clarification procedure and legal consequences in public procurement law.
Administrative Acts in Public Procurement Law 2026 – Public-Law Decisions
Administrative acts in procurement law: distinguishing public-law decisions from private-law procurement decisions in Austria and Germany.
Admission of Variants in Procurement Law 2026
Admission of variants: Decision of the contracting authority whether bidders may submit alternative solution proposals in addition to the main offer.
Advanced Electronic Signature in Public Procurement Law
The advanced electronic signature under Art. 26 eIDAS ensures unique attribution and integrity verification of electronic documents in the procurement procedure.
Affiliated Companies in Procurement Law 2026
Affiliated companies in procurement law: definition, disclosure duties and impact on bidding consortia and conflicts of interest.
Alternative Items in Public Procurement Law 2026
Alternative items in the bill of quantities: conditional items that are only ordered if required. Distinction from contingent and optional items.
Alternative Tender in Public Procurement Law
Alternative tender: a tender with an alternative solution for functional specifications. Only admissible on express authorisation. § 106 BVergG 2018, § 35 VgV.
Amended Tender in Public Procurement Law
Amended tender: a tender that deviates from the tender conditions. Inadmissible in principle unless expressly allowed. § 105 et seq. BVergG 2018.
Amendment of Procurement Documents 2026
Amendment of procurement documents: conditions and limits for corrections and additions to already published tender documents.
Ancillary Purchasing Activity in Public Procurement 2026
Ancillary purchasing activity: supporting procurement services provided by public contracting authorities. Distinction from central purchasing bodies and procurement-law classification.
Appeal Deadline in Procurement Law 2026
Appeal deadline in procurement law: two-week deadline for the immediate appeal against decisions of the procurement chamber. Calculation, start and consequences of missing it.
Appeal Instance in Public Procurement Law 2026
Appeal instance in public procurement law: the Higher Regional Court as second instance in procurement review proceedings. Jurisdiction, procedure and decision-making powers.
Appeal Statement in Procurement Law 2026
Appeal statement in procurement law: content and form of the reasoning of the immediate appeal against decisions of the procurement chamber. Deadlines and requirements.
Appeals Procedure in Procurement Law 2026
Appeals procedure in procurement law: overview of review, complaint and appeal on points of law in Austrian and German procurement legal protection.
Architectural and Engineering Services in Public Procurement Law 2026
Procurement of architectural and engineering services: special features, procedure types, HOAI context and legal basis in public procurement law 2026.
Archiving Period in Public Procurement Law 2026
Archiving period in public procurement: how long must procurement files be retained? Statutory periods in Austria and Germany, legal basis.
Artificial Intelligence in Public Procurement 2026
Artificial intelligence in public procurement: procurement of AI systems, EU AI Act, awarding AI development services and using AI in tendering processes.
Assessment Criteria in Public Procurement 2026
Assessment criteria in public procurement: the standards used to evaluate bidders and tenders. How they relate to selection and award criteria.
Availability Declaration in Procurement Law 2026
Availability declaration: a declaration by a company that capacities will be made available to a bidder (capacity loan) in a procurement procedure.
AVV Klima in Procurement Law 2026
AVV Klima: the General Administrative Regulation on the Procurement of Climate-Friendly Services in Germany. Scope, requirements and implementation.
Award and Binding Period in Procurement Law 2026
Award and binding period: Period during which bidders are bound to their offer and the contracting authority may make the award.
Award by Lots in Public Procurement 2026
Award by lots in public procurement: separate award of individual lots of a divided contract, bidder rights, combination bids and documentation obligations.
Award Criteria in Procurement Law 2026
Award criteria determine the most economically advantageous tender in procurement procedures. Price, quality, weighting. Art. 67 Directive 2014/24/EU. AT & DE.
Award Decision 2026 – Contract Award and Bidder Notification
Award decision: The contracting authority's decision on contract award. Duty to give reasons, prior information and remedy deadlines.
Award Decision Notice in Public Procurement Law
The award decision notice is the notification of the award decision to bidders before the contract is concluded, enabling the initiation of review proceedings.
Award in Procurement Law
The award is the acceptance of the most economically advantageous offer by the contracting authority and establishes the public-law contract.
Award of Contract in Procurement Law 2026
Award of contract: acceptance of the most economically advantageous tender by the contracting authority – the central act of public procurement, concluding the contract.
Award Period in Procurement Law
The award period is the timeframe within which the contracting authority must grant the award – once it expires, bidders are no longer bound by their tender.
Award Without Invitation to Tender 2026 – Direct Award and Exceptions
Award without invitation to tender: permissible exceptions to the duty to invite tenders in procurement law. Direct award, negotiated procedure without notice.
B
Balancing of Interests in Public Procurement Law 2026
Balancing of interests in public procurement: weighing the competing interests of the contracting authority, bidders, and the public when making procurement decisions.
Bars on Participation in Procurement Law 2026
Bars on participation in procurement law: rules that prohibit biased persons on the contracting authority's side from participating in award decisions.
Basic Item in Procurement Law 2026
Basic item refers to a mandatory single item in the bill of quantities that the bidder must offer and price.
Below-Threshold Area in Procurement Law 2026 – National Procurement Below the EU Threshold
Below-threshold area in procurement law: contracts below the EU thresholds. Applicable law, procedures and differences to the above-threshold area.
Best Bidder Principle in Public Procurement Law
Best bidder principle: award to the most economically advantageous tender based on quality & price. Section 91 BVergG 2018. Opposite of the lowest-price principle.
Best Offer Principle in Public Procurement Law 2026
Best offer principle in public procurement law: award to the most economically advantageous tender rather than the lowest-priced. Difference from the lowest-price principle.
Bid Evaluation in Public Procurement Law 2026
Bid evaluation in public procurement: procedure, award criteria, evaluation matrix and legal requirements in Austria and Germany.
Bid Examination and Evaluation in Public Procurement Law 2026
Bid examination and evaluation: the full process from bid opening to award decision – phases, methods and legal requirements.
Bid Examination in Public Procurement Law
Bid examination is the formal and substantive review of submitted tenders by the contracting authority after the bid opening.
Bid Opening Deadline in Procurement Law 2026
Bid Opening Deadline: The scheduled time for opening bids in a procurement procedure – deadline rules, postponement and legal consequences.
Bid Opening in Public Procurement Law
Bid opening (submission) is the formal opening of submitted tenders by the contracting authority after the bid submission deadline has expired.
Bid Opening Office in Procurement Law 2026
Bid Opening Office: The contracting authority's body responsible for receiving and opening bids in the procurement procedure.
Bid Opening Results in Procurement Law 2026
Bid Opening Results: The outcome of the bid opening in a procurement procedure – content, disclosure and legal significance.
Bid Rigging in Procurement Law 2026
Bid rigging: unlawful collusion between bidders to manipulate award procedures – competition law, procurement law and criminal law consequences.
Bid-Opening Record in Public Procurement 2026
Bid-opening record in public procurement: minutes of the bid opening or other procurement-procedure steps that ensure transparency and traceability.
Bidder Communication in Public Procurement 2026
Bidder communication in public procurement: permitted communication channels, equal treatment, electronic channels and documentation duties in procurement procedures.
Bidder Conference in Public Procurement 2026
Bidder conference in public procurement: purpose, conduct, legal requirements and documentation duties for information events held for prospective bidders.
Bidder Consortium in Public Procurement 2026
Bidder consortium: grouping of several operators for the joint submission of a tender in a public procurement procedure. Definition, legal basis, duties.
Bidder in Public Procurement
A bidder is an economic operator that has submitted a tender to the contracting authority within a procurement procedure.
Bidder Question in Public Procurement 2026
Bidder question in public procurement: the bidder's right to clarification, deadlines, the contracting authority's duty to answer, and equal treatment of all participants.
Bidder Questions in Public Procurement
Bidder questions are enquiries from bidders or candidates to the contracting authority intended to clarify ambiguities in the procurement documents.
Bidder Rights in Public Procurement 2026
Bidder rights: the claims and procedural rights of operators in public procurement procedures. Rights to information, review, file inspection and damages.
Bidder Suitability in Procurement Law 2026
Bidder suitability: the bidder- and company-related requirements for participation in public award procedures. Criteria and evidence.
Bidders' Duty to Cooperate in Procurement Law 2026
Bidders' duty to cooperate: bidders' obligations to actively participate in the tender procedure, e.g. in clarification interviews and provision of evidence.
Bidding Consortia in Public Procurement 2026
Bidding consortia in public procurement: legal basis, admissibility, requirements, liability and distinction from anti-competitive arrangements.
Bidding Consortium in Public Procurement
A bidding consortium is a grouping of several economic operators that submit a joint tender in a procurement procedure.
Bidding Consortium in Public Procurement Law
A bidding consortium (ARGE) is an association of several companies for the joint submission of a tender without separate legal personality in the procurement procedure.
Bill of Quantities in Procurement Law 2026
The bill of quantities (BoQ) structures all tendered works into items, quantities and units – the basis for every tender calculation under procurement law.
BIM (Building Information Modeling) in Public Procurement Law 2026
BIM in public procurement law: digital planning method for construction projects and its significance for public tenders. Obligations, standards and implementation.
Binding Period in Procurement Law
The binding period is the period during which a bidder is bound by its tender and within which the contracting authority must make the award.
Biodiversity in Public Procurement 2026
Biodiversity in public procurement law: how contracting authorities can use the protection of biological diversity as an award criterion or performance requirement.
Blue Angel in Public Procurement Law 2026
Blue Angel: German ecolabel as evidence in public procurement procedures. Admissibility, requirements and the principle of equivalence at a glance.
Body Governed by Public Law in Public Procurement 2026
Body governed by public law: procurement law term for state-controlled organisations as contracting authorities. Definition and criteria.
Budgetary Law in Procurement Law 2026
Budgetary law governs the management of public finances and, together with procurement law, forms the basis for lawful public procurement.
Building Information Modelling (BIM) in Procurement Law 2026
Building information modelling: significance for public tenders and digital planning. Standards, levels of development and procurement requirements.
Building Type E in Procurement and Construction Law 2026
Building Type E: Germany's new simplified construction concept – legal basis, deviation from technical standards, and relevance for public construction tenders.
Buyer Profile in Procurement Law
The buyer profile is the online profile of a contracting authority containing tender information, enabling shortened deadlines and promoting transparency.
C
Cancellation of Tender in Public Procurement Law 2026
Cancellation of tender: termination of a procurement procedure without contract award. Conditions, legal consequences and bidder protection explained.
Candidate in Public Procurement
A candidate is an economic operator that has submitted a request to participate in a multi-stage procurement procedure but has not yet submitted a tender.
Cartel Procurement Law 2026
Cartel procurement law: the part of German public procurement law governed by the GWB above EU thresholds, named after competition (antitrust) law.
Cascade in Public Procurement Law 2026
Cascade in public procurement: the stepwise application of evaluation criteria or procedural rules where subsequent steps only apply on the basis of the previous one.
Cascade Principle in Procurement Law
The cascade principle describes the hierarchical application of different procurement law regimes from EU law through national law down to budget law.
Central Procurement Activity in Procurement Law 2026
Central procurement activity: EU directive umbrella term for all activities of central procurement bodies – wholesaler and ancillary function.
Central Procurement Body in Procurement Law
Central procurement body: Bundles procurement for public contracting authorities. AT: BBG GmbH. DE: BMI Procurement Office. Art. 37 Directive 2014/24/EU. Framework agreements.
Central Procurement in Procurement Law 2026
Central procurement: Bundling public purchasing through specialised bodies to increase efficiency and reduce costs in public procurement.
Certificate in Procurement Law 2026
Certificate in procurement law: Official document evidencing the suitability, qualification or standard conformity of a bidder or their services.
Certification Body in Procurement Law 2026
Certification body: Accredited institution that issues certificates for quality, environmental or other standards and provides evidence recognised under procurement law.
Change Order Management in Public Procurement 2026
Change order management in public procurement: systematic control of contract modifications in public contracts for cost control and legal compliance.
Circular Economy Act in Public Procurement 2026
Circular Economy Act (KrWG) in public procurement: waste prevention, recycling obligations and integrating circular-economy goals into public procurement.
Clarification Negotiations in Public Procurement Law 2026
Clarification negotiations: oral clarification of tender content in a procurement procedure. Admissibility, procedure and distinction from negotiations.
Classified Information Protection in Procurement Law 2026
Classified information protection in procurement law: special confidentiality requirements for security-sensitive procurement – legal basis, VSVgV and NATO security rules.
Clean Vehicle Directive in Public Procurement Law 2026
Clean Vehicle Directive: EU directive promoting clean vehicles in public procurement. Minimum quotas, definitions and national transposition.
Clean Vehicles Procurement Act 2026 – Public Procurement
The Clean Vehicles Procurement Act regulates minimum quotas for low-emission vehicles in public procurement. Requirements and scope of application.
Climate-Friendly in Procurement Law 2026
Climate-friendly in procurement law: taking account of climate-conscious criteria when awarding public contracts as a contribution to climate protection.
Climate-Neutral in Procurement Law 2026
Climate-neutral in procurement law: requirement that procured services cause no net greenhouse gas emissions, as an award criterion or contract term.
CO2 Equivalent in Public Procurement Law 2026
CO2 equivalent in public procurement: unit of measurement for greenhouse gas emissions as a basis for climate-related award criteria and performance requirements.
Collective Agreement and Minimum Wage Act 2026 – Procurement Requirements
State collective agreement and minimum wage acts: obligations for bidders on public contracts, declaration requirements and current legal position 2026.
Collective Agreement and Procurement Act 2026 – Significance in Public Procurement
Collective agreement and procurement acts oblige contractors of public contracts to comply with collective wages. Overview of state-level regulations.
Collective Agreement Compliance in Procurement Law 2026 – Obligations for Public Contracting Authorities
Collective agreement compliance in procurement law: obligation to pay collectively agreed wages on public contracts. Legal basis, requirements and consequences.
Commercial Contracting Party in Procurement Law 2026
Commercial contracting party denotes private undertakings that award contracts without being subject to procurement law as public contracting authorities.
Commercial Tender in Procurement Law 2026
Commercial tender refers to tenders by private or mixed contracting parties that are not subject to public procurement law.
Commercial Variant Bid in Procurement Law 2026
Commercial variant bid: an alternative bid relating to payment or delivery terms, submitted alongside the main bid in procurement procedures.
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