Vergaben

Vergaben refer to public procurement procedures by state, municipal, or public institutions to obtain goods, services, or works from external suppliers. The process typically encompasses planning, advertisement, bid submission, bid evaluation, contract award, contract performance, and oversight. Its primary aims are transparency, non-discrimination, equal treatment of bidders, and competition to secure value for public funds.

Legal framework combines European and national rules. In the European Union, public procurement directives set minimum standards for procedures, notices, and evaluation criteria and require competitive processes for most contracts above thresholds. National systems implement these directives through domestic procurement regimes. In Germany, Vergaberecht is codified in laws such as the GWB and the VgV and supplemented by sector-specific rules. Other EU member states maintain similar structures. The framework prescribes thresholds that determine whether procedures are national or EU-wide and requires open or competitive procedures and objective award criteria.

Procedures include open procedure, restricted procedure, competitive dialogue, and innovation partnership; negotiated procedures may be used under certain conditions. Thresholds determine the applicable method and whether publication is required in official journals or portals. Selection criteria commonly combine price with quality, technical merit, delivery or completion time, and life-cycle costs.

Process stages typically involve needs assessment and market analysis; tender planning and publication; bid submission; evaluation and selection according to pre-announced criteria; award decision and contract signature; contract performance, monitoring, and management; and remedies, including debriefings and challenges before courts or procurement authorities.

Remedies and transparency: unsuccessful bidders can seek clarifications, debriefings, or challenge the decision through courts or dedicated procurement bodies. Digitalization has expanded e-procurement and electronic bidding to increase efficiency and traceability.