For tenders/awards above the threshold values, the so-called GWB public procurement law applies. This latter is based on the implementation of corresponding requirements in EU directives:

Act against Restraints of Competition (GWB) – Part 4.

The basics of public procurement law above the threshold are contained in Part 4 of the Act against Restraints of Competition (GWB). This part consists of two chapters with regulations on the award procedure (Chapter 1) and the review procedure (Chapter 2). Section 1 of the first chapter contains regulations on the scope of application, principles and definitions; Section 2 contains the essential regulations on the “classical” award by contracting authorities. In doing so, it outlines regulations on the entire course of the award procedure – for example on the types of procedure, the design of the specifications, the suitability, the grounds for exclusion, the award of the contract up to the conditions of performance and the amendment of the contract. This is followed by Section 3 on awarding contracts in special areas and concessions. Chapter 2 contains provisions for review proceedings before the public procurement tribunals and for proceedings before the public procurement tribunals of the higher regional courts.

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