Glossary
Public procurement terms, explained briefly and with sources.
C
Community Law in Procurement Law 2026
Community law in procurement law: EU primary and secondary law as the foundation of European procurement law – directives, regulations and the principle of primacy.
Company and Supplier Register in Public Procurement 2026
Company and supplier register: databases for suitability assessment in public procurement. Function, legal basis and practical relevance.
Company Prequalification in Public Procurement 2026 – Streamlined Suitability Evidence
Company prequalification: advance assessment of suitability for public contracts. PQ-VOB, procedure, benefits and legal foundations explained.
Company Size in Public Procurement 2026 – SMEs and Public Contracts
Company size in public procurement: relevance for SME support, division into lots and suitability requirements. Definitions and legal foundations in 2026.
Competition in Procurement Law 2026
Competition as a fundamental principle of procurement law: significance, statutory basis, competitive architecture and protection against distortions of competition explained.
Competition Principle in Procurement Law
The competition principle obliges public contracting authorities to ensure genuine bidder competition and to avoid restrictive conditions.
Competition Principle in Procurement Law 2026
Competition principle: Core principle of procurement law that ensures fair and open bidder competition in the award of public contracts.
Competition Register Procurement Law 2026
Competition Register: Nationwide register for economic crime that public contracting authorities must query before awarding a contract.
Competitive Dialogue Procurement Law
The competitive dialogue under EU procurement law enables the joint development of solutions for particularly complex contracts – conditions, process and national rules.
Complainant in Public Procurement Law 2026
Complainant in public procurement law: the party lodging an immediate appeal against a decision of the public procurement tribunal. Rights, obligations and requirements.
Compliance in Public Procurement Law 2026
Compliance in public procurement law: regulatory conformity in public procurement procedures. Grounds for exclusion, self-cleaning, anti-corruption obligations and compliance management.
Concession Award in Procurement Law
Concession award: the award of works and services concessions with operating risk on the concessionaire. Threshold EUR 5,538,000, Directive 2014/23/EU.
Concession Award Regulation (KonzVgV) 2026
Concession Award Regulation (KonzVgV): German regulation transposing the EU Concessions Directive 2014/23/EU for concession awards above the threshold.
Concession Contract in Procurement Law 2026
Concession contract: a contract between a public grantor of a concession and a concessionaire on the transfer of the right and risk of operating a public service.
Concession in Procurement Law 2026
Concession in procurement law: a contract by which a public contracting authority transfers to an undertaking the right to perform a service and thereby to bear the operating risk.
Concessionaire in Procurement Law 2026
Concessionaire: economic operator to whom the right to provide a works or services concession is transferred by a concession contract.
Conditions for Participation in Public Procurement 2026
Conditions for participation in public procurement: content, function and legal requirements for participation documents in public tenders in Germany and Austria.
Confidentiality in Procurement Law 2026
Confidentiality in procurement law: protection of confidential information in tender procedures – scope, limits, and the relationship with the duty of transparency.
Conflict of Interest in Public Procurement Law 2026
Conflict of interest in public procurement: situation in which persons on the contracting authority's side hold private interests that jeopardise impartial conduct of the procedure.
Conflict of Interests (Austria) in Public Procurement Law 2026
Conflict of interests in public procurement: the clash of incompatible interests in a tender procedure that jeopardises the objectivity of the decision.
Conformity Assessment Bodies in Procurement Law 2026
Conformity assessment bodies: accredited testing bodies for technical evidence in public procurement law – function and requirements.
Consortium (ARGE) in Public Procurement Law 2026
Consortium in public procurement: several companies apply jointly. Requirements, liability and distinction from a bidding consortium explained.
Construction Contract Law in Procurement 2026
Construction contract law: legal foundations for construction contracts between contracting authorities and construction companies. VOB/B, ABGB, BGB and ÖNORM B 2110.
Construction Works in Procurement Law 2026
Construction works in procurement law: definition, distinction from supplies and services, EU threshold of EUR 5.5 million. Regulations VOB/A and BVergG 2018.
Constructive Specifications in Procurement Law
Constructive specifications: precise prescription of the manner of execution including materials and dimensions. Article 42(3)(a) Directive 2014/24/EU, § 95 BVergG 2018, VOB/A § 7.
Contingent Item in Public Procurement 2026
Contingent item in the bill of quantities: conditional work item that is only performed on express call-off by the contracting authority. Austria & Germany.
Contract Amendment in Procurement Law 2026
Contract amendment in procurement law: contract modification or additional performance after contract conclusion, which must observe the procurement-law limits on material changes.
Contract Award Decision in Procurement Law
Contract award decision: Announcement of the intended award before contract conclusion. Triggers the standstill period. § 131 BVergG 2018. Challengeable by application for review.
Contract Award in Public Procurement Law
Contract award refers to the entire process of public procurement – from needs assessment through the procurement procedure to the conclusion of the contract.
Contract Documents in Public Procurement Law 2026 – Components & Order of Precedence
Contract documents are all documents that determine the content of a public contract: specifications, terms and conditions, the tender and the award letter.
Contract for Work in Public Procurement Law 2026 – Distinctions & Significance
The contract for work in procurement law: civil-law basis for works and service contracts, distinction from the service contract and particularities in public procurement.
Contract in Public Procurement Law 2026 – Formation & Validity
The public contract in procurement law: formation through award, formal requirements, content review and conditions for validity at a glance.
Contract Modification in Public Procurement Law 2026 – When Is It Permitted?
Contract modifications in public contracts: when are they permitted under procurement law, and when do they trigger an obligation to re-tender?
Contract Notice 2026 – Duties and Content
Contract notice: Public announcement of a procurement procedure. Content, deadlines, TED publication and national notice requirements.
Contract Types in Public Procurement Law 2026 – Overview & Distinctions
Contract types in public procurement law: supply, works and service contracts, contracts for work, framework agreements and concessions compared.
Contract Value in Public Procurement Law
The contract value is the estimated total value of a contract excluding VAT, which determines the application of procurement law and the choice of procedure.
Contract Volume in Public Procurement Law 2026
Contract volume: total value of a public contract as the basis for choosing the procurement procedure and applying EU thresholds.
Contracting Authority in Public Procurement Law
The contracting authority is the public entity that conducts a procurement procedure and awards a public contract.
Contractor in Public Procurement Law
The contractor is the economic operator to whom the contract has been awarded and who provides the tendered service on the basis of the procurement contract.
Contractual Penalty in Public Procurement Law
A contractual penalty is a fixed lump-sum payment stipulated in the public contract for breach – in particular delay or defective performance by the contractor.
Correction in Procurement Law 2026
Correction in procurement law: subsequent correction of errors in procurement documents or notices. Admissibility, form and deadlines.
Correction of a Notice in Procurement Law 2026
Correction of a notice (corrigendum): correction of defective contract notices on TED. Conditions, procedure and deadlines.
Corrigendum Notice in Public Procurement Law 2026
Corrigendum notice in public procurement: definition, occasions for change notices and legal requirements when amending contract notices.
Corruption in Public Procurement 2026
Corruption in public procurement: manifestations, exclusion grounds for corrupt bidders, prevention duties of contracting authorities and criminal consequences.
Corruption Offences in Public Procurement 2026
Corruption offences in public procurement: criminal offences, mandatory exclusion grounds, self-cleaning and preventive measures for bribery and acceptance of advantages.
Cost Estimate in Public Procurement 2026
Cost estimate in public procurement: estimating the contract value to determine thresholds – methods, prohibition of manipulation and consequences of incorrect estimates.
Cost-Plus Rate in Procurement Law 2026 – Definition and Distinction
The cost-plus rate is a form of remuneration in construction in which services are billed according to actual expenditure. Distinction from unit prices.
Cover Letter in Public Procurement Law 2026
Cover letter in public procurement: function, content and legal significance of the accompanying letter to a tender submission or invitation in public procedures.
Cover Sheet Procedure in Public Procurement 2026
Cover sheet procedure in public procurement: simplified procedure for submitting bids using uniform cover-sheet documents, particularly in Austrian construction procurement.
CPV Code in Public Procurement Law
The CPV code is the EU-wide uniform classification system for public contracts and a mandatory entry in contract notices on TED.
CPV Codes in Public Procurement Law 2026
CPV codes are the uniform European classification system for procurement subjects. Structure, use and searching for the right CPV code.
Criteria Catalogue in Public Procurement 2026
Criteria catalogue in public procurement: systematic compilation of suitability and award criteria – structure, weighting, transparency obligations and common errors.
CSR in Public Procurement Law 2026
CSR (Corporate Social Responsibility) in public procurement: social and environmental corporate responsibility as a procurement criterion. Legal basis.
Cure Period in Procurement Law 2026
Cure period: the deadline for remedying formal defects in bids or documents in a procurement procedure. Austrian and German law.
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Damages Claim in Procurement Law 2026 – Secondary Legal Protection
The damages claim in procurement law enables unsuccessful bidders to obtain monetary compensation after an unlawful award. Requirements, scope and limitation.
De Facto Award in Public Procurement Law 2026
De facto award: unlawful contract conclusion without the prescribed procurement procedure. Overview of challenge, nullity and legal consequences.
De Minimis Rule in Public Procurement 2026
The de minimis rule in procurement and state aid law: minor amounts threshold for state aid. Relevance for contracting authorities and grant recipients.
Deadline Extension in Procurement Law 2026
Deadline extension in procurement procedures: when tender deadlines must or may be extended. Legal basis, mandatory extensions and procedure.
Deadline for Requests to Participate in Public Procurement Law 2026
Participation deadline in procurement law: minimum periods for requests to participate in the restricted procedure and the negotiated procedure under EU procurement law.
Deadlines in Public Procurement Law
Procurement deadlines govern offer, application, standstill, and binding periods in the procurement procedure. An overview of EU minimum periods under Directive 2014/24/EU.
Deadlines in Public Procurement Law 2026
Deadlines in procurement law: minimum periods for offers, participation, and legal protection. Up-to-date tables for EU-wide and national procedures with calculation.
Decarbonisation in Public Procurement 2026
Decarbonisation in procurement law: CO₂ reduction as a procurement objective. Strategic procurement for climate neutrality, instruments and legal bases.
Decentralised Procurement in Public Procurement 2026
Decentralised procurement: contracts awarded autonomously by individual organisational units rather than central purchasing bodies. Advantages and disadvantages in procurement law.
Decision in Public Procurement Law 2026
Decision in public procurement law: separately challengeable decisions, the duty to inform tenderers, deadlines and legal remedies against contract award decisions in Austria and Germany.
Declaratory Procedure in Public Procurement Law 2026
Declaratory procedure in procurement law: a procedure for the judicial or administrative determination of the ineffectiveness of an awarded contract. Austria & Germany.
Defossilisation in Public Procurement 2026
Defossilisation in procurement law: moving away from fossil fuels as a strategic procurement goal. Criteria, instruments and legal bases.
Delivery Deadline in Procurement Law
The delivery deadline is the contractually agreed period for performance of a supply contract and forms part of the procurement documents, with consequences in the event of late delivery.
Design Contest in Procurement Law
The design contest in procurement law is a procedure for obtaining plans in architecture and engineering with an independent jury.
Design-and-Build Tender in Procurement Law 2026
Design-and-build tender: combined award of design and construction. Legal basis and difference from prescriptive tendering.
Digital Signature in Public Procurement 2026
Digital signature in procurement law: technical requirements, legal bases and use in electronic bid submission in public award procedures.
Direct Award in Public Procurement 2026
Direct award: contracting without a formal tender procedure. AT up to EUR 100,000 (§ 41 BVergG 2018). DE: freihändige Vergabe/direct purchase. Risks and limits.
Direct Award with Prior Publication in Public Procurement
Direct award with prior publication: a purely Austrian procurement instrument with optional publication. § 41(2) BVergG 2018. Increased competition.
Direct Contract in Procurement Law 2026
Direct contract: award without a tender procedure below the value thresholds. Definition, conditions, value thresholds in Germany and Austria, and delimitation.
Direct Purchase in Public Procurement 2026
Direct purchase: acquisition of goods or services without a formal award procedure for small contract values. Thresholds, requirements and documentation.
Discretion in Public Procurement Law 2026
Discretion in public procurement: the room for manoeuvre available to contracting authorities in award decisions – limits, control and practical significance.
Discretionary Exclusion Criteria in Public Procurement Law 2026
Discretionary exclusion criteria: optional grounds for exclusion in procurement law. Difference from mandatory exclusions, self-cleaning, and the contracting authority's discretion.
Disproportionate Effort in Procurement Law 2026
Disproportionate effort: a procurement-law exception that exempts from formal requirements under certain conditions.
Division into Lots in Public Procurement 2026
Division into lots in public procurement: obligation to divide contracts into trade and partial lots to promote SMEs and competition.
Documentation Obligation in Public Procurement 2026
Documentation obligation in public procurement: legal basis, scope, procurement report and consequences of inadequate documentation in Germany and Austria.
Doubtful Price Statement in Procurement Law 2026
Doubtful price statement: a price entry in a tender that contains ambiguities or contradictions and must be clarified by the contracting authority.
Drawing of Lots in Public Procurement 2026
Drawing of lots in public procurement: decision by lot in the event of tied bids – requirements, conduct and documentation obligations.
Duplicate Tender in Public Procurement 2026
Duplicate tender in public procurement: definition, problems under procurement law, distinctions, and legal consequences of repeatedly tendering the same service.
Duty of Confidentiality in Procurement Law 2026
Duty of confidentiality in procurement law: statutory obligation to maintain confidentiality during tender procedures – legal basis, scope, and consequences of breach.
Dynamic Purchasing System in Public Procurement
Dynamic Purchasing System: fully electronic procurement system for commonly available services, open to all suitable tenderers. Art. 34 Directive 2014/24/EU.
Dynamic Purchasing Systems (DPS) in Public Procurement 2026
Dynamic Purchasing Systems (DPS) in public procurement: legal basis, mechanics, advantages and use cases of the fully electronic purchasing system.
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e-Certis in Public Procurement 2026
e-Certis: EU information system for evidence and certificates in procurement procedures, facilitating cross-border procurement.
E-Government in Public Procurement 2026
E-government in public procurement: electronic administration, e-procurement, legal basis and the digitalisation of public procurement processes in Germany and Austria.
e-Procurement – Electronic Procurement 2026
e-Procurement: the fully electronic handling of procurement procedures – obligation, platforms, and advantages at a glance.
E-Procurement in Public Procurement 2026
E-procurement: the electronic handling of public procurement processes. Definition, legal basis and significance in public procurement law.
E-Procurement Software in Procurement Law 2026
E-procurement software: digital tools for contracting authorities and tenderers to create, manage and submit procurement documents and offers.
E-Tendering in Public Procurement 2026
E-tendering: the fully electronic procurement procedure. Legal obligation, platforms and requirements for contracting authorities and tenderers.
Early Payment Discount (Skonto) in Procurement Law
An early payment discount (Skonto) is a percentage price reduction for prompt payment that can be stated in tenders and must be handled separately under procurement law.
EC Procurement Directives in Procurement Law 2026
EC Procurement Directives: historical EU directives on public procurement before the 2014 reform. Significance and replacement by the current EU directives.
Economic and Technical Capacity in Procurement Law 2026
Economic and technical capacity in procurement law: technical and economic capability of tenderers as a selection criterion in the award of public contracts.
Economic Operator in Procurement Law 2026
Economic operator: the EU-law term for all undertakings and persons that can participate in public procurement competitions.
Economic Operator in Public Procurement 2026 – Concept and Significance
Economic operator in public procurement: who qualifies as an economic operator? Distinction from tenderer and candidate, natural and legal persons, legal foundations.
eForms in Public Procurement
eForms: EU-wide standard notice forms in force since October 2023. Replace earlier standard forms; machine-readable; mandatory above the thresholds. EU 2019/1780.
eIDAS Regulation in Procurement Law 2026
eIDAS Regulation: EU legal framework for electronic identification and trust services. Relevance for electronic signatures in procurement law.
Electronic Auction in Public Procurement
Electronic auction: Iterative electronic process for improving bids after the initial evaluation. Art. 35 Directive 2014/24/EU, §§ 153 et seq. BVergG 2018, § 23 VgV.
Electronic Bid in Public Procurement 2026
Electronic bid in public procurement: bid submitted digitally via e-procurement platforms. Requirements, validity, and difference from paper bids.
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