An exception must be tied to a specific legal provision and established facts. Good experience with a supplier, a preferred contract structure or administrative convenience does not by itself justify dispensing with competition.
Identify the precise exception
Exceptions may concern the contract’s subject matter, the relationship between public bodies or defined exceptional circumstances. Their scope differs. Some legal services, property arrangements and other categories have particular rules, but a broad description of the sector is not enough. Determine exactly which service or transaction is contemplated.
Technical reasons and exclusive rights
If only one supplier is said to be available, examine the rights, technical conditions, reasonable alternatives and how the dependence arose. A manufacturer’s statement is not conclusive proof. The buyer should distinguish genuine necessity from a specification drafted around an existing preference. The scope and duration of any exceptional purchase need justification.
Public-public arrangements
In-house awards and cooperation require the conditions of section 108 GWB where applicable. Public ownership alone is not an exemption. Control, activity shares, private participation and the nature of cooperation must be assessed. Exclusion from one procurement regime does not necessarily remove duties under grant, budget or other law.
Document before contracting
Record the requirement, selected provision, evidence, alternatives and limits of the decision. Assess any publication obligations and consequences of an unlawful direct award. A transparency notice has only the effects granted by law and does not transform an unjustified exception into a lawful one.
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: Exclusive technology
A supplier says only it can provide the solution. Verify the rights and market alternatives. A commercial assertion alone is not a complete exception analysis.
Example 2: Legal advice
A public body buys legal services. Distinguish the precise advice or representation from the statutory exemption. Not every service supplied by a lawyer is automatically exempt.
Example 3: Existing building
An authority leases premises. Examine the property exception and any additional bespoke works. Extensive construction obligations may require a different or additional analysis.
Example 4: Own company
A council wants to award directly to its company. Check section 108 control, activities and participation. Ownership does not itself establish all in-house conditions.
Related topics
In-house awards and public-public cooperation · Unlawful direct awards and ineffectiveness · Public contracts: definition and classification
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: § 107 GWB · § 108 GWB · § 14 VgV
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.