Awarding contracts in the municipal sector; information on the awarding of contracts
Brief description
The awarding of contracts must be preceded by a public invitation to tender or a restricted invitation to tender with competitive tendering, unless the nature of the transaction or special circumstances justify a different procedure.Description
When awarding contracts and concluding contracts, the award principles published by the Bavarian State Ministry of the Interior, for Sport and Integration in agreement with the Bavarian State Ministry of Finance and Home Affairs must be applied (see "Further links").
If the contract value reaches or exceeds the threshold value resulting from the relevant European directives, the provisions of federal law must also be observed for municipal contract awards (Part Four of the Act against Restraints of Competition (GWB), Procurement Ordinance (VgV), Sector Ordinance (SektVO), Concession Procurement Ordinance (KonzVgV), Procurement Statistics Ordinance (VergStatVO) - see "Legal bases").
The threshold value is usually updated every two years by an EU regulation. Information on current thresholds can be found under "Related links".
Legal basis
- § Section 31 Ordinance on the budgetary, cash and accounting systems of municipalities, rural districts and districts according to the principles of cameralistics (Municipal Budget Ordinance - Cameralistics - KommHV-Kameralistik)
- § Section 30 Ordinance on the budgetary, cash and accounting systems of municipalities, rural districts and districts according to the principles of double-entry municipal accounting (Kommunalhaushaltsverordnung - Doppik - KommHV-Doppik)
- Part Four - Act against Restraints of Competition (GWB)
- Ordinance on the Award of Public Contracts (Public Procurement Ordinance - VgV)
- Awarding of contracts in the municipal sector
Announcement of the Bavarian State Ministry of the Interior and for Integration dated July 31, 2018
- Ordinance on the award of contracts in the areas of transport, drinking water supply and energy supply (Sector Ordinance - SektVO)
- Ordinance on the Award of Concessions (Concession Award Ordinance - KonzVgV)
- Ordinance on Statistics on the Award of Public Contracts and Concessions (Vergabestatistikverordnung - VergStatVO)
Legal remedy
Civil proceedings before ordinary courts
For contract awards above the threshold values, review procedures in the first instance by the procurement chambers of the federal states
Further links