Procurement procedures
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The procedure a contracting authority chooses determines how you can win the contract in the first place: whether you can apply directly, whether there is a competitive call for participation, whether there are negotiations and how much time you have. Above the EU thresholds, the procedures are governed by the Act against Restraints of Competition (GWB) and the Public Procurement Regulation (VgV). Below them, the Sub-threshold Procurement Regulation (UVgO) and state law apply.
The procedures at a glance
Above the thresholds, Section 119 GWB gives the contracting authority a choice of five types of procedure. Two of them are freely available, the others only under conditions that the authority must justify.
| Procedure | Freely selectable | What it means for you as a bidder |
|---|---|---|
| Open procedure | Yes | Any company may submit a tender, no competitive call for participation |
| Restricted procedure | Yes | First a competitive call for participation, then selected companies are invited to submit tenders |
| Negotiated procedure | Only with a reason | The content of the tender is discussed, often over several rounds |
| Competitive dialogue | Only with a reason | The solution is developed jointly before tenders are submitted |
| Innovation partnership | Only with a reason | Development and subsequent purchase in one procedure |
Below the thresholds
Different names and different rules apply here. The open procedure becomes the public invitation to tender (öffentliche Ausschreibung), the restricted procedure becomes the restricted invitation to tender (beschränkte Ausschreibung). In addition, there are the negotiated award (Verhandlungsvergabe) and the direct award (Direktauftrag). How much leeway the contracting authority has depends on the contract value and on whether construction works are involved.
Since 1 January 2026, considerably higher value limits than before apply to construction works. The restricted invitation to tender without a competitive call for participation is possible up to €150,000 across the board, the award by negotiation (freihändige Vergabe) up to €100,000 and the direct award up to €50,000, all net.
Articles on the individual procedures
Open procedure
The standard case above the thresholds. Process, deadlines and what has changed since July 2026 in the order of tender evaluation and selection assessment.
Negotiated procedure
When it is permitted, how the negotiation rounds work and what to look out for in an initial tender that is still open to negotiation.
Procurement below the thresholds
UVgO, Construction Contract Procedures (VOB/A) Section 1 and state law. The new value limits in construction and the unresolved situation regarding the federal direct award.
Check whether a tender is a good fit for you
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Try for free- Act against Restraints of Competition (GWB), Part 4. gesetze-im-internet.de
- Public Procurement Regulation (VgV). gesetze-im-internet.de
- Act to Accelerate the Award of Public Contracts of 12 May 2026, Federal Law Gazette (BGBl.) 2026 I No. 137. Legal text
- Notice of the Federal Ministry for Housing, Urban Development and Building (BMWSB) amending the Construction Contract Procedures (VOB/A) of 24 November 2025, Federal Gazette (BAnz AT) 16 December 2025 B7.