Glossary
Public procurement terms, explained briefly and with sources.
E
Electronic Bid Submission in Public Procurement
Electronic bid submission: mandatory online submission of bids above the thresholds. End-to-end encryption, eIDAS signature, §§ 47 et seq. BVergG 2018.
Electronic Catalogue in Public Procurement
Electronic catalogue: structured electronic presentation of bids, used in framework agreements. Art. 36 Directive 2014/24/EU, § 24 VgV.
Electronic Communication in Public Procurement 2026
Electronic communication in public procurement: obligation for digital information exchange between contracting authority and bidders. Requirements and exceptions.
Electronic Contract Awarding in Public Procurement 2026
Electronic contract awarding: digital handling of public procurement procedures. Legal obligation, instruments, and benefits in public procurement 2026.
Electronic Invoice in Public Procurement 2026
Electronic invoice in public procurement: obligation for e-invoicing to public contracting authorities. Legal situation in Austria and Germany 2026.
Electronic Marketplace (EMP) in Public Procurement 2026
Electronic marketplace (EMP): digital platform for public procurement below and above the EU thresholds. Function and legal framework.
Electronic Means in Public Procurement
Electronic means in public procurement are procurement platforms and communication channels for e-procurement. Mandatory above the EU thresholds in AT and DE. Governed by Art. 22 Directive 2014/24/EU.
Electronic Procurement (e-Procurement) in Public Procurement 2026
e-Procurement is the fully digital handling of procurement procedures. Overview of legal foundations, platforms, requirements, and deadlines.
Electronic Procurement (e-Procurement) in Public Procurement 2026
e-Procurement: obligation for digital communication above the EU thresholds, procurement platforms, eForms, and electronic bid submission under Art. 22 Directive 2014/24/EU.
Electronic Procurement File (eFile) in Public Procurement 2026
Electronic procurement file in public procurement: digital procurement file capturing all procurement-relevant documents and meeting the statutory documentation obligation.
Electronic Seal in Public Procurement 2026
Electronic seal in public procurement: definition, legal basis under eIDAS, distinction from the electronic signature, and use in electronic bid submission.
Electronic Signature in Public Procurement
The electronic signature enables the legally secure digital signing of bids and contracts in public procurement procedures.
Electronic Submission of Bids in Public Procurement 2026
Electronic submission of bids: obligation to submit bids digitally in public procurement. Overview of requirements, signatures, deadlines, and platforms.
Emission Control Law in Procurement Law 2026
Emission control law governs protection against environmental impacts and is relevant in procurement law as an eligibility requirement and condition of performance.
Emissions in Public Procurement 2026
Emissions in public procurement: climate protection requirements, CO₂ criteria, life-cycle costs, and green procurement in public contracts in Austria and Germany.
eNotices in Public Procurement 2026
eNotices: European Commission online portal for the electronic creation and transmission of notices for the Official Journal of the EU (TED).
Environmental Protection in Public Procurement 2026 – Sustainable Public Procurement
Environmental protection in public procurement law: how contracting authorities embed environmental objectives in calls for tenders. Legal foundations and strategic procurement.
Environmentally Friendly Products in Public Procurement 2026 – Sustainable Procurement
Environmentally friendly products in public procurement: requirements, eco-labels, life-cycle costing and legal foundations in 2026.
Equal Opportunity in Public Procurement Law 2026
Equal opportunity in public procurement law: the principle of equal treatment for all bidders and applicants in public procurement procedures. Basis, application and limits.
Equivalence of Variant Bids in Procurement Law 2026
Equivalence of variant bids governs when alternative or variant offers may be treated as equivalent to the tender specification.
eSenders in Public Procurement Law 2026
eSenders: certified bodies that forward EU-wide procurement notices to TED (the Supplement to the Official Journal of the EU) on behalf of contracting authorities.
ESG Criteria in Public Procurement Law 2026
ESG criteria in public procurement: environmental, social and governance requirements in the award of public contracts. Legal basis and application.
Estimation of Contract Value in Procurement Law
The estimation of contract value is a mandatory step before every award procedure and determines which rules apply. Regulated in § 3 VgV and Art. 5 Directive 2014/24/EU.
eTendering in Public Procurement Law 2026
eTendering: electronic conduct of procurement procedures – from publication of the notice and submission of tenders through to the award.
EU Notices in Public Procurement Law 2026
EU notices in public procurement: mandatory publications in the Supplement to the Official Journal of the EU (TED) for EU-wide tenders. Types and deadlines.
EU Procurement Directives in Public Procurement Law 2026
The 2014 EU procurement directives: the three central EU directives on public procurement. Content, national implementation and relevance for contracting authorities.
EU Procurement Thresholds in Public Procurement Law
EU procurement thresholds are contract-value limits from which EU-wide tendering obligations apply – set since 1 January 2024 by Delegated Regulation (EU) 2023/2495.
EU Supplement in Public Procurement Law 2026
EU Supplement (TED): the Supplement to the Official Journal of the EU for EU-wide procurement notices. Function, access and significance at a glance.
EU Thresholds in Procurement Law 2026
EU thresholds determine the contract values above which EU-wide tendering obligations apply. Current amounts, calculation rules and national differences.
EU-Wide Tenders in Public Procurement Law 2026
EU-wide tenders: the obligation to publish EU-wide once thresholds are reached – procedures, deadlines, the TED platform and legal basis.
European Single Procurement Document (ESPD) in Public Procurement
The ESPD is the EU standard form for preliminary suitability documentation that replaces extensive evidence at bid submission – governed by Art. 59 Directive 2014/24/EU.
European Single Procurement Document (ESPD) in Public Procurement 2026
The ESPD is a standardised form for preliminary suitability declarations in EU procurement procedures. Concise overview of content, function, and legal basis.
European Technical Assessment (ETA) in Public Procurement Law 2026
ETA: European document for the performance assessment of construction products under the CPR. Basis for CE marking and the tendering of innovative construction products.
Evaluation Criteria in Procurement Law 2026 – Award Criteria and Scoring
Evaluation criteria in procurement law: award criteria, weighting and scoring methods for tender evaluation. Price, quality and MEAT explained.
Evaluation Criteria in Public Procurement 2026
Evaluation criteria in public procurement: award criteria, selection criteria, weighting and transparency duties when evaluating tenders for public contracts.
Evaluation Stages in Procurement Law 2026 – The Multi-Stage Tender Examination Explained
Evaluation stages: the multi-stage tender examination in procurement law. Formal examination, eligibility check, exclusion check and scoring at a glance.
EVB-IT in Public Procurement Law 2026
EVB-IT are supplementary contract terms for IT procurement by the public sector in Germany. Overview of contract types, use and legal effect.
Ex-Ante Notice in Public Procurement Law 2026
Ex-ante notice: voluntary advance publication to cure procurement defects and shield the contract from being declared ineffective. Definition and effect.
Ex-Ante Transparency in Public Procurement Law 2026
Ex-ante transparency in procurement law: advance publication of planned awards to cure procurement defects and avoid declarations of ineffectiveness.
Ex-Ante Transparency Notice in Public Procurement Law
The ex-ante transparency notice is a voluntary advance publication prior to contract conclusion without EU-wide tender that prevents the contract from being declared ineffective. § 135 GWB, § 139 BVergG 2018.
Ex-Post Notice (Contract Award Notice) 2026
Contract award notice: mandatory publication in the EU Official Journal after award. Deadlines, content and legal consequences under Austrian and German procurement law.
Ex-Post Transparency in Public Procurement Law 2026
Ex-post transparency in procurement law: subsequent publication of awarded contracts. Obligation to publish award outcomes under EU procurement law.
Examination of Tenders in Procurement Law 2026
Examination of tenders in procurement law: formal and substantive examination of tenders – grounds for exclusion, completeness, suitability and admissibility of the submitted tenders.
Exclusion Ground in Public Procurement Law 2026
Exclusion ground: factual basis triggering mandatory or discretionary exclusion of a tenderer from a procurement procedure. Overview and self-cleaning.
Expediency Review in Procurement Law 2026
Expediency review: assessment in the procurement procedure of whether a procurement meets public need and is economically sensible.
Expression of Interest in Public Procurement Law 2026
Expression of interest: preliminary procedure for market exploration and bidder identification before the actual tender in public procurement.
Expression of Interest Procedure in Public Procurement Law 2026
Expression of interest procedure: an informal market consultation in which contracting authorities invite potential providers to express their interest.
F
Fair Trade in Public Procurement Law 2026
Fair trade in public procurement: fair trade as an award criterion or contract performance condition. Legal basis and limits in procurement law.
Federal Audit Office in Public Procurement Law 2026
Federal Audit Office (Bundesrechnungshof): supreme federal authority for budgetary oversight in Germany. Role in reviewing public procurement and tender procedures.
Federal Budget Code (BHO) in Public Procurement Law 2026
Federal Budget Code (BHO): budgetary basis for federal procurement in Germany. Principle of economic efficiency, Section 55 BHO and procurement obligations.
Federal Trunk Road Construction Controlling System (CSBF) 2026 – Public Procurement Law
CSBF: the Federal Trunk Road Construction Controlling System monitors costs, deadlines and quality for federal trunk road projects. Significance for public procurement.
Fee Schedule for Architects and Engineers (HOAI) 2026
The HOAI governs fees for architectural and engineering services in Germany. Since the 2019 CJEU ruling, the rates serve only as a guide.
Fee-Free Bid Submission in Procurement Law 2026
Fee-free bid submission means that bidders must submit their bids without any claim to compensation for the effort of preparing them.
File Inspection in Public Procurement Law 2026
File inspection in public procurement: right of unsuccessful bidders to inspect procurement files in review proceedings. Scope, limits and applications explained.
Fixed Price in Public Procurement Law
A fixed price is an unchangeable price for the entire contract term, offering planning certainty but carrying the risk of cost increases.
Fixed-Date Transaction in Public Procurement Law 2026
Fixed-date transaction in procurement law: a contract with a mandatory completion date. Legal consequences of default and distinction from ordinary deadline rules.
Formal Defects and Errors in Offers in Public Procurement Law 2026
Formal defects in offers: grounds for exclusion, curable errors, and the right to request subsequent submission under German and Austrian procurement law. Order of examination explained.
Formal Error in Public Procurement Law 2026
Formal error in procurement law: breach of form in offers or in the procurement procedure. Distinction from substantive error and consequences under Austrian law.
Four-Eyes Principle in Public Procurement Law 2026 – Controls & Compliance
The four-eyes principle in procurement law safeguards the objectivity of award decisions through dual control and is part of every proper compliance regime.
Framework Agreement Public Procurement Law
The framework agreement under EU procurement law sets the conditions for future individual contracts – maximum term of 4 years, contract-value calculation and national rules AT/DE.
Framework Agreements in Public Procurement Law 2026
Framework agreements in procurement law: multi-party frameworks for recurring procurements – conditions, procedure and call-off of individual contracts.
Framework Contract in Public Procurement Law 2026
Framework contract in procurement law: contract with fixed conditions for future call-offs – distinction from the framework agreement and procurement obligations.
Freedom of Information Act in Procurement Law 2026
Freedom of Information Act (IFG) in procurement law: access to procurement files, limits on access to information and the relationship to the protection of trade secrets.
Functional Specifications in Procurement Law
Functional specifications: tendering based on requirements and performance objectives instead of execution details. Art. 42(3)(b) Directive 2014/24/EU, § 95 BVergG 2018.
Functional Tender in Procurement Law 2026
Functional tender: specifying the outcome rather than the method in the specifications. Difference from prescriptive tenders and use in procurement law.
G
GAEB in Procurement Law 2026
GAEB: standard format for bills of quantities in construction procurement law – data structure, exchange phases, file formats and importance for e-procurement.
General Contractor in Procurement Law
The general contractor assumes responsibility for the entire construction work towards the contracting authority and is fully liable, even where it sublets parts of the work.
General Management Contractor in Procurement Law 2026
General management contractor in procurement law: definition, distinction from the general contractor, procurement law admissibility, and particularities of design and build.
General Planner in Procurement Law
The general planner delivers all design services from a single source and coordinates sub-consultants; under procurement law, freelance services are subject to particular rules.
German Civil Code (BGB) in Public Procurement Law 2026
BGB in public procurement law: the German Civil Code as the civil-law basis for procurement contracts, damages and pre-contractual obligations.
German Procurement and Contract Committee for Construction Works (DVA) 2026
DVA: the German Procurement and Contract Committee for Construction Works drafts and maintains the VOB. Composition, role and significance for procurement law.
German Procurement Committee for Supplies and Services 2026
DVLD: the German Procurement Committee for Supplies and Services drafted the VOL. History, role and succession by the UVgO.
Government Procurement Agreement (GPA) Procurement Law 2026
The GPA is a WTO agreement on public procurement that secures market access for bidders from member states in public contracts.
GPA Procurement Agreement in Procurement Law 2026
GPA procurement agreement: WTO agreement on public procurement – scope, member states, market access and importance for EU procurement.
Grantor of the Concession in Procurement Law 2026
Grantor of the concession: public contracting authority that, in a concession award, transfers the operating rights for a service to a private concessionaire.
Grants and Subsidies in Procurement Law 2026
Grants and subsidies: public funding that can trigger procurement-law obligations where it is used to procure goods, works or services.
Green Fuels in Procurement Law 2026
Green fuels are alternative, low- or zero-carbon fuels relevant in procurement law for the purchase of vehicles and transport services.
Green Procurement in Procurement Law
Green procurement (Green Public Procurement) refers to taking environmental criteria into account when awarding public contracts across the entire life cycle.
Green Tech in Procurement Law 2026
Green tech refers to environmentally friendly technologies that can be used as a criterion for sustainable procurement in public procurement law.
Grounds for Cancellation in Public Procurement Law 2026
Grounds for cancellation in public procurement: legal conditions for terminating a procurement procedure without award. Austria & Germany.
Grounds for Exclusion in Public Procurement Law 2026
Grounds for exclusion in procurement law: complete overview of mandatory and discretionary grounds for bidder exclusion under EU and national law.
Grounds of Abuse in Procurement Law 2026
Grounds of abuse in procurement law: inadmissible circumvention strategies, abusive direct awards and cartel-law abuse prohibitions in public procurement.
Grounds Without Prior Publication in Procurement Law 2026
Grounds without prior publication are statutorily defined exceptional circumstances that justify a negotiated procedure without a call for competition.
GWB – Act against Restraints of Competition in Procurement Law 2026
GWB in procurement law: Part 4 of the Act against Restraints of Competition contains German procurement law above the EU thresholds – basis, structure and significance.
H
Higher Regional Court in Public Procurement Law 2026 – OLG as Procurement Senate
The Higher Regional Court (OLG) decides as the immediate appeal instance on procurement review proceedings. Role, procedure and jurisdiction in public procurement law.
HOAI – Fee Schedule for Architects and Engineers 2026
The HOAI governs the remuneration of design services by architects and engineers in Germany and is relevant in procurement law for design tenders.
Hospital Future Act (KHZG) in Public Procurement 2026
Hospital Future Act (KHZG): funding programme for digital hospitals – public procurement requirements, eligible funding measures and implementation obligations.
HVA B-StB – Manual for the Award of Construction Services 2026
The HVA B-StB is the German manual for the award and performance of construction services in road and bridge construction for public contracting authorities.
I
Idea Contest in Procurement Law 2026
An idea contest is a design contest for generating creative concepts, without the contracting authority being obliged to award a subsequent contract.
ILO Core Labour Standards in Procurement Law 2026
The ILO core labour standards are international labour standards of the ILO that can be applied in procurement law as social requirements on contractors.
Immediate Appeal in Procurement Law 2026
Immediate appeal (sofortige Beschwerde) in German procurement law: remedy against decisions of the procurement chamber to the Higher Regional Court – time limits, procedure and suspensive effect.
Immorality in Procurement Law 2026
Immorality in procurement law: tenders or arrangements contrary to public policy – elements, legal consequences and distinctions.
Implementing Regulation in Public Procurement 2026
Implementing regulation in EU procurement law: significance, key Commission implementing regulations, and their relationship to procurement directives and national law.
In-Depth Tender Examination in Public Procurement Law
The in-depth tender examination is the detailed review where abnormally low prices are suspected under § 123 BVergG 2018, with a clarification meeting and price breakdown.
In-house Award in Procurement Law
The in-house award allows public contracting authorities to award contracts without a tender to their own legal entities, provided the Teckal criteria are met.
In-House Award in Procurement Law 2026
In-house award: exception to the duty to tender where a public contracting authority self-supplies – requirements, Teckal criteria and the current legal position in 2026.
Inaction of the Public Procurement Tribunal 2026 – Remedy for Procedural Delay
Inaction of the public procurement tribunal: what happens if the tribunal fails to decide in time? Appeal, deadlines and remedies explained.
Incomplete Bid in Procurement Law 2026 – Exclusion and Subsequent Request
Incomplete bid: when does incompleteness lead to exclusion? Subsequent request options, legal basis and guidance for bidders.
Incorrect Declarations in Procurement Law 2026 – False Statements
Incorrect declarations in procurement law: false statements in the bid or during the suitability check. Ground for exclusion, legal consequences and self-cleaning.
Indirect Awards in Procurement Law 2026
Indirect awards in procurement law: awards by grant recipients with public funds – applicability of procurement law, contracting authority status, and state aid law.
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