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Description of the
When awarding contracts and concluding agreements, the procurement principles published by the Bavarian State Ministry of the Interior, 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 specified in the relevant European directives, the provisions of federal law must also be observed in the case of municipal procurement (Part Four of the Act against Restraints of Competition (GWB), Public Procurement Ordinance (VgV), Sectors Ordinance (SektVO), Concessions Award Ordinance (KonzVgV), Public Procurement Statistics Ordinance (VergStatVO) – see ‘Legal Basis’).
The threshold is usually updated every two years by an EU regulation. Information on current thresholds can be found under ‘Further links’.
Legal basis
- Section 31 of the Ordinance on the Budget, Cash Management and Accounting of Municipalities, Counties and Districts in accordance with the Principles of Cameralistic Accounting (Local Government Budget Ordinance – Cameralistic Accounting – KommHV-Kameralistik)
- Section 30 of the Ordinance on the Budget, Cash Management and Accounting of Municipalities, Counties and Districts in accordance with the principles of double-entry municipal accounting (Local Government Budget Ordinance – Double-entry Accounting – KommHV-Doppik)
- Part Four – Act Against Restraints of Competition (GWB)
- Regulation on the Award of Public Contracts (Public Procurement Regulation – VgV)
- Procurement of contracts in the local government sector
Announcement by the Bavarian State Ministry of the Interior and Integration dated 31 July 2018
- Regulation on the Award of Contracts in the Fields of Transport, Drinking Water Supply and Energy Supply (Sectors Regulation – SektVO)
- Regulation on the Award of Concessions (Concession Award Regulation – KonzVgV)
- Regulation on Statistics Relating to the Award of Public Contracts and Concessions (Regulation on Public Procurement Statistics – VergStatVO)
Legal remedy
Civil proceedings before the ordinary courts
In the case of contracts awarded above the thresholds, review proceedings at first instance are conducted by the state procurement tribunals
Further links