Glossary
Public procurement terms, explained briefly and with sources.
I
Ineffective Contract in Procurement Law 2026 – Nullity and Consequences
Ineffective contract in procurement law: when is a public contract void? De facto award, grounds for ineffectiveness and consequences for contracting authorities.
Ineffectiveness in Public Procurement
Ineffectiveness in public procurement refers to the absolute invalidity of a contract in cases of serious procurement-law breaches, in particular de facto awards. Governed by § 135 GWB and § 334 BVergG 2018.
Ineffectiveness in Public Procurement 2026
Ineffectiveness in public procurement: when is a public contract void by operation of law? Triggering events, legal consequences and cure options explained concisely.
Ineffectiveness of the Contract in Procurement Law 2026 – Legal Basis and Procedure
Ineffectiveness of the contract: procurement-law grounds for nullity, time limits to assert it, legal consequences and exceptions at a glance.
Information and Communication Technology (ICT) in Procurement Law 2026
ICT in procurement law: procurement of IT systems, software and telecommunications – specific features, interoperability, open source and current legal developments.
Information Deadline in Public Procurement Law 2026
Information deadline: period within which contracting authorities must respond to bidder questions on procurement documents. Deadlines and obligations.
Information Obligations in Public Procurement Law 2026
Information obligations in public procurement: duty to notify bidders before contract award – content, deadlines, standstill period, and consequences of breach.
Innovation in Public Procurement Law 2026
Innovation in public procurement: innovation-promoting procurement, innovation partnership, pre-commercial procurement, and the strategic use of public buying.
Innovation Partnership in Public Procurement Law 2026
Innovation partnership: procurement of non-market solutions through an R&D and purchase phase in a single procedure under Art. 31 Dir. 2014/24/EU, § 178 BVergG 2018, § 19 VgV.
Innovation Protection Clause in Public Procurement Law 2026
The innovation protection clause shields bidders that submit solution concepts in tender procedures against the unauthorised disclosure of their ideas.
Inquisitorial Principle in Public Procurement Law 2026
Inquisitorial principle in procurement review proceedings: procurement chambers investigate the facts of their own motion. Distinction from the adversarial principle.
Intellectual Services in Procurement Law 2026
Intellectual services in procurement law: consultancy, planning, expert opinions – particularities of procurement, price reasonableness and quality orientation.
Intended / Planned Tender in Procurement Law 2026
Intended and planned tender in procurement law: prior information, market announcement and their significance for deadlines and transparency in procurement.
Inter-municipal Cooperation in Public Procurement Law 2026
Inter-municipal cooperation: collaboration between municipalities in performing public tasks that, under certain conditions, is exempt from public procurement law.
Internal Procurement Directive 2026 – Internal Procurement Rules
Internal procurement directive: Internal directive issued by public contracting authorities to govern the conduct of procurement procedures. Content, binding effect and importance.
Invalidity of a Tender in Public Procurement 2026 – Grounds for Exclusion
Invalidity of a tender: when must a tender be excluded from the procurement procedure? Formal and substantive grounds for exclusion in 2026.
Investor Model in Public Procurement Law 2026
Investor model: PPP procurement model in which a private investor undertakes the design, construction, and financing of a project and operates it long-term.
Invitation to Tender in Public Procurement Law 2026
Invitation to tender: legal basis, content and significance of the invitation letter in the restricted procedure and the negotiated procedure.
Invoice Verification in Procurement Law 2026
Invoice verification in procurement law: formal and substantive review of contractor claims after performance – process, deadlines and legal consequences.
Issuance of Contract in Public Procurement Law 2026
Issuance of contract in public procurement: formal commissioning of the most economically advantageous bidder after the conclusion of the procurement procedure. Procedure and legal consequences.
J
Joinder of Third Parties in Procurement Review 2026
Joinder of third parties in procurement law: bringing third parties into review proceedings before the procurement chamber. Conditions, rights and effects.
Joint Committee for Electronics in Construction (GAEB) 2026 – Procurement Law
GAEB: The Joint Committee for Electronics in Construction standardises electronic data exchange in the construction industry, particularly for bills of quantities and e-procurement.
K
L
Labels in Procurement Law
Labels are certificates that attest to environmental, social or other characteristics and can serve in procurement law as proof of selection or award criteria.
Lead Product in Procurement Law 2026
Lead product in procurement law: reference to a specific product as guidance for tenderers – admissible only in exceptional cases, always with the addition 'or equivalent'.
Leasing in Public Procurement 2026
Leasing as a form of procurement in public procurement law: distinction from purchase, classification under procurement law and threshold calculation.
Legal Aid in Procurement Law 2026 – Aid in Review Proceedings
Legal aid in procurement law: legal support for impecunious parties in review proceedings. Conditions and how to apply.
Legal Framework of Procurement Law 2026 – Norms and Foundations
The legal framework of procurement law comprises EU directives, national legislation and sub-statutory regulations governing public procurement.
Legal Person under Private Law in Public Procurement Law 2026
Legal person under private law as a contracting authority: limited liability companies, public limited companies, and associations may be subject to procurement law where they act in the general interest.
Legal Person under Public Law in Public Procurement Law 2026
Legal person under public law: bodies, institutions, and foundations under public law as contracting authorities in public procurement.
Legal Persons under Private Law in Public Procurement Law
Legal persons under private law such as limited liability or public limited companies can be contracting authorities where they act in the general interest and are state-financed or state-controlled.
Legal Persons under Public Law in Public Procurement Law
Legal persons under public law – corporations, institutions, foundations – are contracting authorities in public procurement law. Governed by Art. 2 Directive 2014/24/EU and § 3 BVergG 2018.
Legal Protection Body in Procurement Law 2026 – Competent Authorities
The legal protection body in procurement law is the competent authority for review proceedings. Overview of procurement chambers and administrative courts.
Legal Protection in Procurement Law 2026 – Review and Remedies
Legal protection in procurement law: bidders can challenge procurement-unlawful decisions. Overview of primary and secondary legal protection.
Liability Retention in Procurement Law
Liability retention: a security retention for damages during construction. Austrian concept. Distinction from the warranty retention; can be replaced by a bank guarantee.
Life Cycle in Public Procurement 2026
Life cycle in public procurement: holistic consideration of all phases of a product or works from manufacture to disposal in the award of contracts.
Life-Cycle Costing in Public Procurement 2026
Life-cycle costing (LCC) in public procurement: methodology for calculating total costs over the useful life as an award criterion.
Life-Cycle Costs in Public Procurement 2026
Life-cycle costs (LCC) in public procurement: total costs of a product over its entire useful life as an award criterion in public contracts.
List of Participants in Procurement Law 2026 – Confidentiality and Documentation
List of participants: register of all bidders or applicants involved in the procurement procedure. Documentation obligation, confidentiality and inspection rights explained.
Lot in Public Procurement 2026
A lot in public procurement is a delimited sub-contract of a tender. Obligation to divide into lots, exceptions and significance for SMEs explained.
Lot-Based Procurement 2026 – Division into Lots in Public Procurement
Lot-based procurement: Public contracts are divided into lots to foster competition and enable SME access. Legal basis & practice.
Lot-Based Tender in Public Procurement 2026
Lot-based tender in public procurement: tendering of a contract in several trade or partial lots, obligation to divide into lots and exceptions.
Lots in Public Procurement
Lots are sub-portions of a public contract that are awarded separately and promote SME participation. The division into lots is governed by Art. 46 Directive 2014/24/EU and § 97 (4) GWB.
Low Bid in Public Procurement 2026 – Abnormally Low Tender Price
Low bid: tender with an abnormally low price in a procurement procedure. Duty of clarification, exclusion and protection against dumping explained.
Lowest-Price Principle in Public Procurement Law
Lowest-price principle: award based solely on the lowest price. Only permitted for standardisable services. Section 91 BVergG 2018. Austrian term.
Lump Sum in Public Procurement Law 2026
Lump sum in procurement law: form of remuneration with a fixed total amount and no itemised billing – distinction from unit prices and significance under procurement law.
Lump-Sum Bid in Public Procurement Law 2026
Lump-sum bid: a bidder's offer with a fixed total price for the tendered service – content, requirements and evaluation under procurement law.
Lump-Sum Price in Public Procurement Law 2026
Lump-sum price in procurement law: fixed total price for a defined overall service – risk allocation, distinction from unit prices and contract design.
M
Main Committee General Affairs (HAA) in Procurement Law 2026
HAA: The DVA's Main Committee General Affairs develops the cross-trade rules of VOB/A. Tasks, composition and significance for procurement law.
Main Contractor in Procurement Law 2026
The main contractor is the company that receives the award and is responsible to the contracting authority for full contract performance.
Main Tender in Procurement Law
The main tender is the bidder's standard tender, which fulfils the tender conditions in full and without modification. It forms the basis of tender evaluation and must be distinguished from alternative and variant tenders.
Making of the Award in Procurement Law
The making of the award is the formal acceptance of the most economically advantageous offer after expiry of the standstill period and establishes the public contract.
Mandatory Grounds for Exclusion in Procurement Law
Mandatory grounds for exclusion require a bidder to be excluded from the procurement procedure where certain convictions or breaches exist.
Manifest Inadmissibility or Unfoundedness in Procurement Law 2026
Manifest inadmissibility or unfoundedness in procurement review proceedings: conditions for immediate dismissal of a review application.
Margin of Appreciation in Public Procurement 2026
Margin of appreciation in public procurement: the contracting authority's discretion when evaluating tenders. Limits, intensity of review and documentation duties.
Market Exploration in Procurement Law
Market exploration in procurement law: gathering information about the market before tender procedures. Art. 40 Directive 2014/24/EU, § 20 BVergG 2018, § 28 VgV.
Market Monitoring in Procurement Law 2026
Market monitoring in procurement law: systematic analysis of the procurement market to prepare tenders, distinction from market exploration, and risks.
Material Price Adjustment Clause in Procurement Law 2026
Material price adjustment clause: contractual clause to adjust the contract price in case of significant material price fluctuations – admissibility and structure in procurement law.
Maximum Number of Tenders in Procurement Law 2026
The maximum number of tenders limits, in the restricted procedure and negotiated procedure, the number of undertakings invited to submit tenders.
Minimum Requirements in Procurement Law 2026
Minimum requirements in procurement law: technical, qualitative and suitability-related minimum standards that bids and bidders must necessarily meet.
Missing Bidder Information in Public Procurement Law 2026
Missing bidder information: when information is absent from the offer. Subsequent request, exclusion, or remedy – the legal framework in Austria and Germany.
Missing Declarations in Public Procurement Law 2026
Missing declarations in the procurement procedure: subsequent request, consequences for exclusion, and handling of forgotten self-declarations and undertakings.
Missing Documents in Public Procurement Law 2026
Missing documents in the procurement procedure: the right to request subsequent submission, consequences for exclusion, and the distinction from missing declarations under German and Austrian procurement law.
Mixed Pricing (Mischkalkulation) in Procurement Law 2026
Mixed pricing in procurement law: inadmissible price shifting between items of a bill of quantities – warning signs, exclusion consequences and distinction.
Most Economical Tender in Procurement Law 2026
Most economical tender: Synonym for the most economically advantageous tender – the principle of the best price-performance ratio in procurement law.
Most Economically Advantageous Tender in Procurement Law 2026
Most economically advantageous tender: The award criterion that combines price and quality – basis for bid evaluation under EU procurement law.
Multiple Bidding in Public Procurement 2026
Multiple bidding in public procurement: definition, admissibility, relationship to consortia, and legal consequences of multiple participation in the same procurement procedure.
Multiple Participation in Procurement Law 2026
Multiple participation in procurement law: a company's involvement in a tender procedure in several roles – as a sole bidder, member of a bidding consortium, or subcontractor.
N
Needs Assessment in Procurement Law 2026
Needs assessment in public procurement: foundation of every procurement, methods, market research and legal requirements in Austria and Germany.
Negotiated Award in Public Procurement Law
Negotiated award: an award without a public tender to particular bidders in the sub-threshold area. Permissible only under narrow statutory conditions.
Negotiated Procedure under Procurement Law
The negotiated procedure under EU procurement law allows contracting authorities to negotiate with selected candidates – admissibility, process and national rules.
Net Contract Value in Public Procurement 2026
Net contract value in public procurement: the estimated total value of a contract excluding VAT, decisive for determining thresholds and procedural obligations.
New Steering Model (NSM) in Public Procurement 2026
New Steering Model (NSM): administrative-reform instrument affecting public procurement. Output orientation, budgeting and tendering.
Non-Discrimination in Public Procurement
The principle of non-discrimination prohibits disadvantaging bidders on the basis of nationality or origin and is a foundational principle of the EU internal market.
Non-discrimination Principle in Public Procurement 2026
The non-discrimination principle in procurement: prohibition of disadvantaging bidders on grounds of origin, nationality or other extraneous characteristics. Legal basis.
Non-Performance in Public Procurement 2026
Non-performance in public procurement: breach of contractual obligations by the contractor after award and its consequences for the public contracting authority.
Non-Separately Appealable Decision in Public Procurement 2026
Non-separately appealable decision in public procurement: interim decisions in the award procedure that can be challenged only together with the main decision.
Notice in Public Procurement Law
Notice in procurement law: mandatory publication of tenders in the EU Official Journal (TED) or nationally. Contract notice, eForms since 2023.
Notice of Defects in Public Procurement 2026
Notice of defects in public procurement: informal or formal complaint of procurement breaches by bidders before initiation of review proceedings.
Notice of Objection Procurement Law 2026 – Obligation, Deadline and Effect
The notice of objection in procurement law is the formal complaint about a procurement violation lodged with the contracting authority. A prerequisite for the application for review in Germany.
Notice Text in Procurement Law 2026
Notice text in procurement law: content and structure of the official text used to publish tenders on TED and national portals.
Notification Duty to Unsuccessful Bidders 2026
Notification duty to unsuccessful bidders: information duty under § 134 GWB before contract award – content, deadlines, standstill period and consequences of breach.
Notification of the Award Decision in Procurement Law 2026
Notification of the award decision in procurement law: communication of the award decision to all tenderers. Content, form and deadlines under BVergG and GWB.
NUTS Code in Public Procurement
The NUTS code uniformly classifies territorial units across the EU and is a mandatory field in procurement notices to identify the place of performance.
NUTS Codes in Public Procurement Law 2026
NUTS codes in public procurement law: EU-wide uniform territorial codes for indicating the place of performance in procurement notices and tender documents.
O
Objection in Procurement Law 2026
Objection in procurement law: Legal remedy against decisions of the procurement review authority – distinction from the application for review and the complaint.
Objection Period in Public Procurement
Objection period in public procurement: time limit for review application and duty to notify. Preclusion deadlines. AT: § 160 BVergG 2018; DE: § 160(3) GWB.
Obligation to Object & Preclusion in Procurement Law 2026
Obligation to object and preclusion in procurement law: whoever does not object to procurement violations in time loses the right to review. Deadlines and exceptions.
Obligation to Object in Procurement Law 2026 – Deadlines and Preclusion
The obligation to object requires bidders to object to identified procurement violations in time. Violations of this duty lead to preclusion in review proceedings.
Offer Submission Deadline in Public Procurement Law 2026
Offer submission deadline in procurement law: minimum periods under EU law, national rules, extensions, and consequences of late offers.
Official Journal of the European Union in Procurement Law 2026
The OJEU is the official publication medium for EU-wide contract notices. Structure, Supplement (TED) and significance for bidders explained.
Official List of Prequalified Economic Operators (AVPQ) 2026
The AVPQ is the official prequalification register for suppliers and service providers in Germany. Registration, effect and use explained.
Offsetting in Procurement Law 2026
Offsetting in procurement law: the compensation of emissions or disadvantages by certified measures, also offsetting in the climate context of public procurement.
OJS eSender Certification in Public Procurement Law
The OJS eSender certification authorises software providers to transmit procurement notices electronically to the EU Official Journal TED.
On-Site Construction Supervision in Procurement Law 2026
On-site construction supervision: monitoring of construction execution on site – tasks, procurement and distinction from site management in procurement law.
Open House Procedure in Public Procurement Law 2026
Open house procedure: procurement model in the health and social sector that does not fall under procurement law – conditions and delimitation.
Open Procedure Procurement Law 2026
Open procedure in procurement law: standard procedure in the above-threshold area in which bids can be submitted without limit. Art. 27 Directive 2014/24/EU.
Open Public Tender in Public Procurement Law
The open public tender is an award procedure with an unrestricted pool of bidders for national and EU-wide contract awards.
Opening of Bids in Public Procurement Law 2026
Opening of bids: formal procedural step of the bid opening – process, minutes obligation and rights of bidders in Austria and Germany.
Opening of Tenders in Public Procurement Law
The opening of tenders (submission) is the formal opening of received tenders after expiry of the tender deadline, in compliance with the principle of transparency.
See which matches BOND finds for your company.
Free expert call
Talk to us- 30 minutes
- Online via Microsoft Teams