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Public procurement; information

Public procurement law comprises all rules and regulations that prescribe the procedure for the public sector when purchasing goods and services.

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Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

Procedure details

The aim of the regulations is to ensure cost-effective purchasing through competition. The obligation to behave economically is necessary to ensure that taxpayers' money is used sparingly and appropriately. It is also intended to prevent the state, as a major buyer on the market, from abusing its market strength. Another objective is to open up public procurement markets in the EU through transparent and non-discriminatory procedures for all potential European applicants for public contracts.
There are different types of procurement procedures:

  1. The public invitation to tender (Europe-wide: the so-called open procedure), which invites an unlimited number of companies to submit bids.
  2. The restricted invitation to tender (Europe-wide: the so-called restricted procedure), which stipulates that only a limited number of companies are invited to submit bids.)
  3. The third type is the negotiated award (Europe-wide: the so-called negotiated procedure), which is the only procedure that allows negotiations with the companies.

The contracting authority can choose between the public invitation to tender and the restricted invitation to tender with a call for competition, as it organizes the potentially greatest competition. The other procedures may only be chosen under strict conditions.

A Europe-wide invitation to tender for a contract must always be issued if certain contract values are exceeded. For supply and service contracts of federal agencies, this applies from EUR 143,000, for supply and service contracts of all other contracting authorities from EUR 221,000 and for construction contracts from EUR 5.538 million.

Status: 03.04.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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