Glossary · Page 6 of 7

Glossary

Public procurement terms, explained briefly and with sources.

P

Public Procurement Chamber in Procurement Law

The public procurement chamber is the first-instance review body for procurement-law disputes in the above-threshold area in Germany.

Public Procurement Checklist 2026

Public procurement checklist: structured overview of the key steps and obligations in public procurement procedures for contracting authorities and bidders.

Public Procurement Coordination Directive 2026 – EU Directive 2014/24/EU Explained

Public Procurement Coordination Directive: EU Directive 2014/24/EU on public contracts. Content, transposition and importance for German and Austrian procurement law.

Public Procurement Law 2026

Public procurement law: the body of rules governing public contract awards – EU directives, BVergG 2018 (AT), GWB/VgV/VOB/UVgO (DE), key principles, threshold values.

Public Procurement Senate 2026 – The Higher Regional Court as Appellate Body in Procurement Law

Public Procurement Senate: specialised division of the Higher Regional Court acting as appellate body against decisions of the Public Procurement Chambers. Jurisdiction, procedure and remedies explained.

Public Sector in Public Procurement Law 2026

Public sector: term for state and municipal bodies that are subject to procurement law as public contracting authorities.

Public Tender in Procurement Law 2026

Public tender in procurement law: the formal procedure by which contracting authorities procure supplies, works and services. EU-wide or national.

Public Undertaking in Public Procurement Law 2026

Public undertaking: state-controlled undertakings in procurement law – delimitation, sector relevance and transparency obligations.

Public-Private Partnership (PPP) in Public Procurement Law 2026

Public-Private Partnership (PPP): procurement-law fundamentals, concession models and procedures for cooperation between the public sector and private business.

Public-Private Partnership (PPP) in Public Procurement Law 2026

PPP – Public-Private Partnership: cooperation model between the state and the private sector for infrastructure and public services.

Public-Public Cooperation (PPC) in Public Procurement Law 2026

PPC – Public-Public Cooperation: procurement-law-free cooperation between public contracting authorities for joint task performance.

Publication of the Contract Notice in Procurement Law 2026

Publication of the contract notice: obligation to publicly publish procurement procedures in TED or national gazettes. Content and form.

Q

R

Realisation Contest in Public Procurement Law 2026

Realisation contest: design contest with concrete implementation intent – procedure, jury, award of the planning contract and procurement-law classification.

Recycling in Procurement Law 2026

Recycling in procurement law: sustainable procurement and circular economy as award criteria in public contracts.

Reference Projects in Procurement Law 2026 – Suitability Proof and Requirements

Reference projects serve in procurement law as proof of technical capacity. Requirements, limits and pitfalls at a glance.

Referral to the Federal Court of Justice (BGH) in Public Procurement Law 2026

Referral to the BGH in procurement law: higher regional court procurement senates can refer questions of principle to the BGH. Procedure under § 179 GWB.

Rejection in Public Procurement Law 2026

Rejection in procurement law: notification that a tender will not be selected. Content, deadlines and legal consequences of bidder information explained.

Rejection Letter in Public Procurement Law 2026

The rejection letter informs unsuccessful bidders of non-selection and triggers the standstill period. Content, form and common errors explained.

Reliability in Procurement Law 2026

Reliability: a selection criterion in procurement law certifying a bidder's personal integrity and law-abiding corporate conduct.

Reliance Damages in Public Procurement Law 2026 – Compensation for Bidders

Reliance damages in procurement law: claim for damages by bypassed bidders for tender costs where the procurement procedure was conducted unlawfully.

Reliance on Third-Party Capacity in Procurement Law

Reliance on third-party capacity: use of other entities' capacities to demonstrate suitability. Article 63 of Directive 2014/24/EU, § 82 BVergG 2018, § 47 VgV. Joint and several liability.

Replacement Delivery in Procurement Law 2026

Replacement delivery in procurement law: contractor's obligation to redeliver defect-free goods as a form of cure for defects in supply contracts.

Reporting Obligations for Works Contracts in Procurement Law 2026

Reporting obligations for works contracts: statutory notification and reporting duties for public contracting authorities and contractors when awarding and performing construction projects.

Request Deadline in Public Procurement Law 2026

The request deadline in procurement law is the time limit within which bidders can request procurement documents. Distinction from the tender deadline explained.

Request for Clarification in Public Procurement Law 2026

Request for clarification: formal enquiry from the contracting authority to clarify unclear tender content in a procurement procedure. Limits and admissibility.

Request to Participate in Procurement Law 2026 – Application in the Restricted Procedure

Request to participate: application documents for two-stage procurement procedures. Content, deadlines and suitability evidence at a glance. Procurement law 2026.

Requests to Participate in Procurement Law 2026 – Overview and Procedure

Requests to participate: plural form and procedural context. Processing, examination and selection of applications in two-stage procurement procedures. Procurement law 2026.

Resolution of the Main Action in Public Procurement Law 2026

Resolution of the main action in public procurement: termination of a review procedure without a decision on the merits where the legal interest in protection has subsequently ceased to exist.

Restricted Procedure in Public Procurement

Restricted procedure: only selected undertakings may submit bids; preceded by a call for competition, with at least five candidates. Art. 28 Directive 2014/24/EU, § 46 BVergG 2018.

Restricted Procedure in Public Procurement 2026

Restricted procedure in public procurement: two-stage award procedure with a call for competition and a limited number of invited bidders under EU procurement law.

Restricted Tender in Procurement Law

Restricted tender: only selected undertakings are invited to submit tenders. Permissible in the below-threshold range under BVergG 2018 and UVgO.

Restricted Tender with Call for Competition 2026

Restricted tender with call for competition: two-stage procurement procedure with pre-selection of suitable bidders. Process, conditions and legal basis.

Restricted Tender without Call for Competition 2026

Restricted tender without call for competition: direct invitation of selected undertakings without public notice. Conditions and limits.

Restriction of Competition in Public Procurement Law 2026

Restriction of competition in procurement law: conduct that improperly restricts free competition between bidders for public contracts.

Reverse Auction in Public Procurement Law 2026

Reverse auction: electronic procurement procedure in which bidders successively lower their prices to identify the most economically advantageous tender.

Review Body in Procurement Law 2026

Review body in procurement law: competent authority or court for review applications by bidders in cases of procurement-law breaches in Austria and Germany.

Review Procedure in Procurement Law

The review procedure in EU procurement law gives bidders primary legal protection against unlawful award decisions – deadlines, authorities, and conditions.

Revocation Decision in Procurement Law 2026

Revocation decision: The formal decision of the contracting authority to terminate a procurement procedure without award – challengeable in review proceedings.

Revocation Declaration in Procurement Law 2026

Revocation declaration: The external communication of the revocation decision to all bidders in the procurement procedure.

Revocation in Procurement Law 2026

Revocation in procurement law: Termination of a procurement procedure by the contracting authority without award – conditions and legal consequences.

Right to Be Heard in Procurement Law 2026

Right to be heard in procurement law: fundamental right to comment before adverse decisions – significance in award and review proceedings.

Risk Allocation in Procurement Law 2026 – Principles and Limits

Risk allocation in procurement law governs which party bears which risks of a public contract. Principles, contract drafting and concession awards.

RPW 2013 – Design Competition Guidelines in Procurement Law 2026

RPW 2013: German guidelines for design competitions in architecture and urban planning – scope, procedure and procurement law classification.

S

Secondary Legal Protection in Procurement Law 2026 – Damages After Award

Secondary legal protection in procurement law refers to the claim for damages after a contract has been awarded. Conditions and distinction from primary legal protection.

Sectors Procurement Ordinance (SektVO) in German Procurement Law

The German Sectors Procurement Ordinance (SektVO) regulates above-threshold procurement by utilities contracting entities in water, energy, transport and postal services. Implements Directive 2014/25/EU.

Secure Signature Creation Device (SSCD) in Procurement Law 2026

Secure Signature Creation Device (SSCD): hardware component for creating qualified electronic signatures – definition, requirements and use.

Security Deposit in Procurement Law 2026

Security deposit in procurement law: security provided by a bidder or contractor to safeguard the claims of the public contracting authority.

Selection Criteria in Procurement Law 2026

Selection criteria in procurement law: criteria for selecting candidates in a call for competition. Distinction from suitability and award criteria.

Self-Cleaning in Procurement Law

Self-cleaning: measures by an undertaking after a ground for exclusion to restore reliability. Art. 57(6) Directive 2014/24/EU, § 125 GWB, § 83 BVergG 2018.

Separately Contestable Decision in Procurement Law 2026

Separately contestable decisions are certain contracting authority decisions in a procurement procedure against which legal protection must be sought immediately.

Serial Construction in Procurement Law 2026 – Framework Contracts and Type Approvals

Serial construction means the standardised erection of buildings from type plans. Procurement-law framework conditions for framework agreements and call-off procedures.

Service Concession in Public Procurement

Service concession in procurement law: contract for the provision of services in which the concessionaire bears the operating risk. Threshold EUR 5,538,000.

Service Contract in Public Procurement

Service contract: public contract for services; EU threshold EUR 221,000 (other contracting authorities). Governed by Article 2(1)(9) of Directive 2014/24/EU.

Service in Public Procurement 2026

Service in public procurement: umbrella term for works, supplies and services that public contracting authorities procure through regulated tendering procedures.

Services in Public Procurement 2026

Services in procurement law: definition, distinction from supplies and works, CPV codes and special procedural rules for public service contracts.

Setting Deadlines in Public Procurement Law 2026

Setting deadlines in procurement law: fixing offer periods, participation periods, and subsequent-submission periods. Legal basis, minimum periods, and consequences.

Sham Bid in Procurement Law 2026 – Collusion and Competition Law

A sham bid is a manipulated tender in public procurement that simulates competition. Definition, legal consequences and prevention.

Sham Tender in Procurement Law 2026 – Manipulation and Legal Consequences

A sham tender simulates a competitive procurement procedure even though the contractor has already been determined. Definition, detection and legal consequences.

Sign-off Levels in Public Procurement Law 2026

Sign-off levels in procurement: internal approval hierarchies for public procurement. Importance for legal certainty and compliance explained.

Signatory in Procurement Law 2026

Signatory in procurement law: the person authorised to sign bids and procurement documents – authority to represent and liability.

Signature Card in Procurement Law

The signature card is a chip card with a qualified certificate and forms the basis for the qualified electronic signature when submitting tenders electronically.

SIMAP in Procurement Law

SIMAP is the EU information system for public procurement and provides the technical infrastructure for publishing tenders on TED.

Simple Electronic Signature in Public Procurement 2026

Simple electronic signature (SES): the lowest signature level under eIDAS. Definition, distinction from AES and QES, and use in public procurement.

Single Market Relevance in Public Procurement Law 2026

Single market relevance: criterion for cross-border interest in a contract. Decisive for transparency obligations below EU thresholds.

Single-Stage Procedure in Public Procurement 2026

Single-stage procedure in procurement law: procurement procedure without a preceding call for participation. Distinction from the two-stage procedure and use cases.

Single-Stage Procurement Procedure in Public Procurement

In the single-stage procurement procedure, all interested parties submit their bid simultaneously; suitability check and bid evaluation take place in one step.

Site Visit in Public Procurement Law

The site visit is the inspection of the place of performance before bid submission – voluntary or mandatory – and is subject to the principle of equal treatment.

Small and Medium-Sized Enterprises (SMEs) in Procurement Law 2026

SMEs in procurement law: measures to facilitate access by small and medium-sized enterprises to public tenders and contracts.

Small-Lot Rule in Procurement Law 2026

Small-lot rule: a simplification provision allowing individual lots below specified value thresholds to be awarded under simplified procedures or to be exempted from EU law.

SME Interests in Procurement Law 2026

SME interests in procurement law: lot division, SME promotion, easier access for SMEs, and the legal basis for taking SME interests into account.

Social and Other Specific Services in Procurement Law 2026

Social and other specific services: privileged procurement regime with higher threshold and simplified procedural requirements under EU procurement law.

Source PIN in Austrian Procurement Law 2026

Source PIN (Stammzahl): the unique entity identifier in Austrian eGovernment – significance for electronic procurement and bidder identification.

Special Contract Conditions (BVB) in Public Procurement Law 2026

Special contract conditions (BVB) in public procurement law: contract-specific provisions as part of the tender documents. Content, relationship to general conditions and legal effect.

Special Services in Public Procurement Law 2026

Special services in public procurement law: social and other specific services with simplified procurement procedures under Annex XIV of Directive 2014/24/EU.

Specification in Procurement Law 2026

Specification in procurement law: technical requirements for products and services in procurement documents – types, permissible formulations and standards reference.

Specification of Works in Procurement Law

Specification of works in procurement law: description of the contract subject as a prescriptive or functional specification. Art. 42 Directive 2014/24/EU, § 95 BVergG 2018.

Specification with Bill of Quantities 2026

Specification with bill of quantities (BoQ): detailed itemised description of all construction works as the basis for comparable tenders.

Specifications with Performance Programme 2026

Specifications with performance programme in public procurement: functional description of works in which bidders themselves take over planning and execution.

Standard Forms in Procurement Law 2026

Standard forms in procurement law: standardised forms for EU notices and national tender procedures to harmonise procurement practice.

Standard in Public Procurement 2026

Standard in public procurement: technical standards and codes that may be used in specifications, and their procurement-law limits.

Standing to Appeal in Procurement Law 2026

Standing to appeal in procurement law: who can lodge an immediate appeal against decisions of the procurement chamber? Conditions and distinction from standing to apply.

Standstill Notification in Public Procurement

The standstill notification is the contracting authority's notice to all bidders of the intended award decision prior to contract conclusion.

Standstill Obligation in Public Procurement Law 2026 – Standstill Period Before Contract Conclusion

The standstill obligation (standstill period) in procurement law requires the contracting authority to wait at least 15 days after the award decision before concluding the contract.

Standstill Period in Procurement Law

The standstill period is the statutory waiting time between award decision and contract conclusion that gives bidders the opportunity for review.

Start-Up Companies in Procurement Law 2026

Start-up companies in procurement law: challenges for young companies in public tenders and approaches to solutions.

State Aid in Procurement Law 2026

State aid in procurement law: state subsidies and their relationship with public procurement. EU state aid law, distinctions and compliance.

State Procurement Acts in Public Procurement 2026

State procurement acts: state-specific procurement rules below the EU thresholds – collective bargaining, minimum wage, sustainability obligations and differences between the federal states.

Sub-Threshold Contract Value 2026 – Definition and Calculation

Sub-threshold contract value: contracts below the EU thresholds. Calculation, choice of procedure and distinction from the above-threshold range.

Sub-Threshold Negotiated Award 2026 – Procurement Procedure with Negotiation

The sub-threshold negotiated award is a procurement procedure in which the contracting authority negotiates with selected undertakings about bid content and conditions.

Sub-Threshold Procurement 2026 – Award Procedures Below the EU Threshold

Sub-threshold procurement: awarding public contracts below the EU thresholds. Procedure types, legal basis and practical guidance for 2026.

Sub-Threshold Procurement Regulation (UVgO) in Procurement Law

The UVgO governs the award of supply and service contracts below the EU thresholds by German federal authorities. Adopted in 2017.

Subcontract in Public Procurement 2026 – Use of Subcontractors in Public Contracts

Subcontract: engaging subcontractors in public contracts. Notification duties, suitability requirements and contractor liability in 2026.

Subcontractor (Subunternehmer) in Procurement Law

Subcontractor (Subunternehmer) in procurement law: company engaged by the contractor for parts of the performance. Disclosure obligation, liability. AT: BVergG 2018, DE: § 36 VgV.

Subcontractor in Public Procurement Law

Subcontractor in public procurement law: company to which parts of the contract are passed on. Disclosure duty, suitability check. Art. 71 Directive 2014/24/EU, § 83a BVergG 2018.

Subcontractor List in Public Procurement Law 2026

Subcontractor list: list of the subcontractors planned by the bidder, to be disclosed in award procedures for suitability verification and transparency.

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