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Public procurement for contracting authorities and bidders

German public procurement glossary

This glossary explains concepts that recur in German and EU procurement. Similar words can describe different legal steps. Always read a term in the context of the governing rule and the particular procurement documents.

Selection, award and specification

Selection concerns the undertaking’s capability; award evaluation compares the admissible offers under disclosed criteria. A specification describes the required performance. Mandatory requirements are not the same as features that earn additional points. A reference may demonstrate experience, while a proposed team’s qualifications may have a different role in evaluating a professional service.

Lots, frameworks and options

A lot is a separately identified part of the requirement. Lot formation does not automatically mean values are assessed in isolation. A framework sets conditions for later call-offs within its scope and limits. An option may be relevant to the initial estimated value even if its exercise is uncertain. Maximum volume and expected volume should not be confused.

Complaint and review

A Rüge is a complaint to the contracting authority identifying an alleged procurement breach and requesting correction. A Nachprüfungsantrag seeks review by the competent Vergabekammer within the GWB framework. Filing a complaint does not automatically suspend award. Standstill, complaint periods and review deadlines are separate concepts that can run in parallel.

Special arrangements

Eignungsleihe means reliance on another entity’s resources to establish selection, not merely ordinary subcontracting. An in-house award requires statutory control and activity conditions. A concession includes the relevant transfer of operating risk. A de-facto award describes a procurement made without the required competition; any contractual ineffectiveness depends on the applicable legal conditions and procedure.

Four practical examples

The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.

Example 1: Capable but unsuccessful

A company meets all selection criteria but loses the quality and price comparison. Eligibility means it can compete; it does not establish entitlement to the contract.

Example 2: Question or complaint

A bidder asks whether a condition was intended. A formal complaint generally needs an identifiable allegation and request for correction. The message’s heading alone does not determine its legal effect.

Example 3: Optional extension

A service includes a possible extra year. Its value can belong in the initial estimate. The first-year budget and total procurement value are different figures.

Example 4: Operating arrangement

A business receives the right to operate a facility. Examine performance duties and operating risk before calling it a concession. A lease or permission is not automatically the same legal category.

Related topics

German and EU public procurement law · Procurement legislation and official sources · Bidder checklist: from notice to award

Discuss your procurement

For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.

Legal sources

Official legislation and materials, some in German: GWB, Teil 4 · VgV · SektVO · KonzVgV

Updated 13 November 2026. Illustrative guidance on German and EU procurement law.

Deutsche Fassung

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