The term of the public contract is defined in § 99 (1) GWB*. According to this paragraph, public contracts are onerous contracts between contracting authorities and companies specialized in supplies, construction or services, works concessions and award procedures intended to result in service orders (Dienstleistungsaufträgen).
Procurement law is obviously only to consider in case of procurement processes; accordingly, for example, the renting of a property or the sale of goods to third parties by a contracting authority is not covered by this field of law.
According to § 99 (2) GWB, supply contracts (or also so-called delivery orders) are contracts for the procurement of goods, which in particular concern the purchase, lease or rent of determined products. These kinds of contracts can not be clearly classified under civil law, but are not even to consider procurement law contracts.
According to § 99 (3) GWB, construction contracts, are either about the execution or the simultaneous planning and execution of a construction project or a building, which is the result of civil engineering works and should fulfil an economic or technical functions, or a construction work made by third parties in accordance with requirements specified by the client. This broad definition covers all forms of construction work, such as reconstruction, remodelling, repair or demolition of buildings. Even the building concession is considered a kind of construction contract. Minor maintenance/repair works are not included; however they are considered service contracts and thus are also subject to public tendering.
Service contracts are, according to § 99 (4) GWB, all public contracts which have no construction or delivery service as their subject.
The procedure of mixed contracts, which contain several types of benefits, is regulated in § 99 (11) GWB. Due to the different thresholds, the classification of mixed contracts is really important. Decisive for the assessment is always the predominant part of the main object of the order. For instance, a public contract that involves both the purchase of goods and the provision of services is considered a service contract if the value of the services exceeds the value of the goods.
What can we do for you?
We will examine and support your tendering from the planning stage through the awarding of the contract, all the way up to the execution and termination of the so-called performance.
We will advise and represent you also in public or judicial tendering procedures before Public Procurement Tribunals.
What do we need in order to deal with your questions?
We normally have to know exactly which services are to be awarded, with which total value, at which conditions or if they have already been issued. Further details must be clarified in regard with your individual case.
 *GWB: Gesetzt gegen Wettbewerbsbeschränkungen, Act against Restraints of Competition