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Identify the correct regime for complex infrastructure projects.
What matters in practice
Works contracts, utilities procurement and concessions require careful classification. A concession involves an operating-risk assessment; an infrastructure project is not a concession merely because a private business participates. Utilities rules depend on both the entity and the relevant activity.
How we assist
We advise on procurement structure, lots, project interfaces and the distinction between procurement and subsequent performance disputes. The review also addresses construction specifications, service components, financing assumptions and public-private partnership arrangements. Defence and security procurement may require a separate specialist regime.
Three practical examples
1. A municipality combines construction and operation
A project bundles building works with years of operation. The review maps payments, user income, guarantees and operating risk before choosing between a public contract and concession analysis. It also considers lot structure and valuation. The project’s title or financing model should not substitute for examination of the actual obligations.
2. A utility buys unrelated services
A municipal utility purchases a service for an activity outside its covered network operations. The procurement team tests the connection to the sector activity and the entity’s status under the ordinary rules. The SektVO should not be selected solely because the purchaser is called a utility; the transaction itself must fit the regime.
3. A trade package appears below threshold
An authority proposes to assess each construction trade in isolation. The legal review examines the overall project and applicable aggregation rules before considering domestic simplifications. Separate contracts can be a proper way to organise delivery without making the EU threshold disappear. The valuation record should explain the relationship between the packages.
Documents for an initial assessment
Provide the ownership and activity of the buyer, project structure, remuneration model and risk allocation.
Related guidance
German and EU procurement framework · Legal sources
Legal reference: Official source. Reviewed 12 November 2026. This overview does not replace advice on the relevant procurement and its deadlines.
Three regimes need three classification checks
A works contract, a utilities contract and a concession can concern the same physical project while engaging different rules. Identify the buyer, the purpose of the purchase and the payment and operating-risk structure. Do not select a regime solely because the project is called infrastructure or is delivered by a municipal company.
Connect procurement and project delivery
Prepare a common record of scope, valuation, lots, technical interfaces and commercial assumptions. The chosen procedure must support the intended negotiations and contract structure. A later shift from an ordinary works payment to a long operating arrangement can change more than the price: it may affect the legal classification and competition itself.
A practical working sequence
- Classify the contract before drafting the notice.
- Check valuation and packaging across the whole project.
- Align the award criteria with the proposed delivery and risk model.
Documents, decisions and next steps
Create a decision record that links the purchasing need, legal route, commercial assumptions and evidence. Keep document versions and reasons for material changes together. Before publication or submission, ask whether an informed reader can understand the requirements, compare the offers and identify the proposed contractual obligations. Once the contract is awarded, pass the winning commitments, options and reporting duties to the delivery team. Procurement review and contract management should remain connected: a practical change in performance may have consequences for the original competition. Review those changes before committing to additional work, payment or duration.
German state rules · EU country guides · Special procedures · Industry guidance
Discuss your procurement
Tell us whether you are a bidder or contracting authority, identify the procurement and include the next deadline. We assess the scope, conflicts and proposed next steps before accepting instructions.