The principles of awarding contracts are dealt with and defined in Section 97 of the GWB. This describes in more detail the five basic principles of competition, transparency, equal treatment, non-discrimination and proportionality.
These are the most important principles of awarding contracts and are intended to ensure competition and thus economic purchasing by the authorities.
General Principles for Making Awards
(1) Public contracts and concessions are awarded through competition and transparent procedures. The principles of cost-effectiveness and proportionality shall be upheld in the process.
(2) The participants in a procurement procedure (award procedure) shall be treated equally unless unequal treatment is expressly required or permitted under this Act.
(3) In making the award, aspects of quality and innovation as well as social and environmental aspects shall be considered in accordance with this Part.
(4) The interests of small and medium-sized undertakings shall primarily be taken into account in public procurement procedures. Contracts shall be divided into individual lots (partial lots) and awarded separately according to the type or area of specialisation (trade-specific lots). Several partial or trade-specific lots may be awarded collectively if this is required for economic or technical reasons. If an undertaking that is not a public contracting authority or sector contracting entity is entrusted with the realisation or execution of a public assignment, it shall be obliged by the public contracting authority or sector contracting entity, so far as it subcontracts to third parties, to proceed according to sentences 1 to 3.
(5) For sending, receiving, forwarding and storing data in a procurement procedure, contracting authorities and undertakings shall, in principle, use electronic means in accordance with the statutory instruments issued pursuant to Section 113.
(6) Undertakings shall have a right to have the provisions concerning the procurement procedure complied with.