Basics of public procurement

By Sebastian LöfflerLegal status: 6 August 2026Reading time: 3 minutes
Contents of this page
  1. Where to start
  2. Check formal points first

Before it comes to the individual procedure, a few basic concepts determine whether you are allowed to bid at all and how much effort it takes. Thresholds determine the applicable law, selection criteria determine access to the procedure and deadlines determine your schedule.

Where to start

If you are new to public procurement, read in this order: first the thresholds, because they decide which set of rules applies. Then selection criteria and evidence, because that is where the course is set for most tenders. Prequalification pays off as soon as you bid regularly, because you then no longer have to submit the same evidence again for every award procedure.

Check formal points first

In the first step, formal points are usually decisive, rarely content: whether every piece of evidence is available, every declaration is signed, the deadline is safely met and the required minimum turnover is reached. These points can be checked in advance, before you invest working time in pricing.

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Sources
  1. Act against Restraints of Competition (GWB), Part 4. gesetze-im-internet.de
  2. Public Procurement Regulation (VgV). gesetze-im-internet.de
  3. Act to Accelerate the Award of Public Contracts of 12 May 2026, Federal Law Gazette (BGBl.) 2026 I No. 137. Legal text
NoteThis article provides general information and does not constitute legal advice. In individual cases, you should seek expert advice. We review this page regularly to keep it up to date. You will find the legal status at the top.