Glossary: Tender & Procurement Terms A to Z
All essential terms related to tenders, procurement law, and public purchasing in Germany — clearly explained. From GAEB formats and VOB regulations to procurement procedures.
Procurement Law & Regulation
The legal foundations of German and European procurement form the framework for all public tenders.
GWB (Competition Act)
The central German competition law. Part 4 (Sections 97 ff.) contains the principles of procurement law for public contracts above EU thresholds. It governs transparency, equal treatment, and competition in procurement procedures.
VgV (Procurement Regulation)
The Procurement Regulation specifies the GWB for awarding public supply and service contracts above EU thresholds. It governs procedure types, deadlines, suitability assessment, and award criteria.
VOB (Construction Procurement & Contract Regulation)
The central regulatory framework for construction tenders in Germany, consisting of three parts: VOB/A (procurement rules), VOB/B (contract terms), and VOB/C (technical contract terms/DIN standards). See also our VOB Guide.
UVgO (Below-Threshold Procurement Regulation)
The UVgO governs the award of public contracts below EU thresholds. It standardizes procurement practice for smaller contracts and applies to federal and most state-level supply and service contracts.
SektVO (Utilities Sector Regulation)
The Utilities Sector Regulation governs procurement in water, energy, transport, and telecommunications. Utilities sector contracting authorities have expanded flexibility in designing their procurement procedures.
EU Thresholds
Above certain contract values (2026/2027: construction works from EUR 5,538,000, supplies/services from EUR 221,000, utilities from EUR 443,000), contracts must be tendered EU-wide. Below these thresholds, national procurement rules apply.
Procurement Procedures & Processes
The various procurement procedures under German procurement law and their specific requirements.
Open Procedure (Offenes Verfahren)
A procurement procedure where an unlimited number of companies are invited to submit bids. It is the most transparent procedure and is used most frequently.
Restricted Procedure (Nicht offenes Verfahren)
A two-stage procedure: first, companies apply to participate (prequalification), then selected applicants are invited to submit bids.
Negotiated Procedure (Verhandlungsverfahren)
A procedure where the contracting authority can negotiate contract terms with selected companies. Used for complex contracts where the scope cannot be precisely defined in advance.
Contracting Authority (Vergabestelle)
The authority or organization conducting a public tender. It is responsible for creating tender documents, evaluating bids, and awarding the contract.
Joint Venture / Consortium (Bietergemeinschaft)
An association of multiple companies submitting a joint bid. Common in large projects to combine capacities, competencies, and references.
Subcontractor (Nachunternehmer)
A company commissioned by the main contractor to carry out partial services. In tenders, subcontractor services often must be declared and their suitability demonstrated.
GAEB Formats & Files
GAEB (Joint Committee for Electronics in Construction) defines standardized exchange formats for bills of quantities and billing in the construction industry. See our detailed GAEB Guide.
GAEB X81 (Tender/Bid Request)
The format for tenders and bills of quantities. Contains positions, quantities, and units without prices. X81 files are created by the contracting authority and sent to bidders.
GAEB X82 (Bid/Offer)
The format for bid submissions. Based on the X81 file, supplemented with the bidder's unit prices and total prices.
GAEB X83 (Award/Contract)
The format for contract award. Contains the final, commissioned positions and prices after the award decision.
GAEB X84 (Billing/Invoice)
The format for billing and invoicing construction services. Documents completed services and actual quantities.
GAEB X85/X86 (Catalog/Cost Estimate)
Supplementary formats for product catalogs (X85) and cost estimates in the planning phase (X86). Used in early project phases.
Bill of Quantities (Leistungsverzeichnis / LV)
The detailed listing of all services to be provided in a tender. In construction, often in GAEB format, with hierarchical structure of lots, titles, and positions.
Analysis & Decision Terms
Terms related to tender analysis and evaluation, as used in BlackSwanAI's Tender Dossier.
Go/No-Go Decision
The strategic decision of whether a company should participate in a tender. Considers factors such as capacity, expertise, risk, competition, and strategic fit. BlackSwanAI supports this decision through its Tender Dossier.
Tender Dossier (Ausschreibungs-Dossier)
BlackSwanAI's analysis framework: every tender is evaluated from 5 perspectives — Overview, Bid/No-Bid recommendation, Risk Analysis, History Comparison, and Clarification Questions. See the complete guide.
Risk Register
Systematic identification and assessment of all risks identified in a tender. Divided into commercial, technical, legal, and resource risks with probability and damage potential ratings.
Clarification Questions (Klärungsfragen)
Targeted inquiries to the contracting authority about unclear, contradictory, or missing information in the tender documents. Must be submitted within deadlines and can significantly influence the evaluation.
Qualification Criteria (Eignungskriterien)
Minimum requirements for a bidder's suitability, e.g., revenue records, references, certifications, or technical equipment. Assessed in the suitability review before the substantive bid evaluation.
Award Criteria (Zuschlagskriterien)
The criteria used to determine the most economically advantageous tender. Beyond price, quality, concept, sustainability, and other factors may be considered.
Standards & Norms
Relevant technical standards and norms in German procurement.
DIN Standards
German Industrial Standards from DIN (German Institute for Standardization). Frequently referenced in construction tenders, e.g., DIN 18300 ff. for earthworks, DIN 18330 for masonry. VOB/C directly references DIN standards as technical contract terms.
EN Standards
European standards from CEN (European Committee for Standardization). Adopted in Germany as DIN EN and increasingly relevant in public tenders, e.g., EN 1090 for steel structures.
ISO Standards
International standards from the International Organization for Standardization. Frequently required as qualification criteria in tenders, e.g., ISO 9001 (quality management), ISO 14001 (environmental management), ISO 27001 (information security).
BSI Basic Protection (BSI-Grundschutz)
IT security standard from the German Federal Office for Information Security. Frequently required as a requirement or qualification criterion in public sector IT tenders.
E-Procurement & Platforms
Electronic procurement systems and platforms used for public tenders in Germany.
TED (Tenders Electronic Daily)
The official EU platform for publishing EU-wide tenders. All contracts above EU thresholds must be published here. Available at ted.europa.eu.
DTVP (German Procurement Portal)
One of the largest German e-procurement platforms. Provides access to tenders from federal, state, and municipal authorities with an integrated bid submission system.
Bund.de
The central federal procurement platform for public tenders from German federal authorities. Provides free access to all federal tenders.
E-Procurement (E-Vergabe)
General term for electronic procurement procedures. Encompasses digital publication, communication, bid submission, and contract award. Mandatory for German public contracting authorities since 2018/2020.
Frequently Asked Questions
What is GAEB and why is it important for construction tenders?
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GAEB stands for Gemeinsamer Ausschuss Elektronik im Bauwesen (Joint Committee for Electronics in Construction) and defines standardized XML exchange formats (X81-X86) for bills of quantities, bids, and invoicing in construction. Without GAEB compatibility, companies cannot process many construction tenders, as public contracting authorities frequently require bid submission in GAEB format.
What is the difference between VOB/A, VOB/B, and VOB/C?
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VOB/A governs the procurement process (how tenders are published and awarded), VOB/B governs the contract (rights and obligations of contracting authority and contractor), and VOB/C contains the technical contract terms (DIN standards for various trades). All three parts are relevant for construction tenders.
Above what contract value must a tender be published EU-wide?
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The EU thresholds (2026/2027) are EUR 5,538,000 for construction works, EUR 221,000 for supplies and services, and EUR 443,000 for the utilities sector. Above these values, EU procurement law (GWB/VgV) applies; below them, national rules (UVgO) apply.
What does a Go/No-Go decision mean in tenders?
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A Go/No-Go decision is the strategic evaluation of whether participating in a tender is worthwhile. It considers factors such as available capacity, expertise, competitive landscape, risks, and strategic fit. BlackSwanAI automates this process through its Tender Dossier.
How does BlackSwanAI help with understanding these technical terms?
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BlackSwanAI can analyze your tender documents and recognize procurement law requirements, GAEB formats, VOB references, and industry-specific terminology. The Tender Dossier places these terms in the context of each specific tender, making them actionable for bid decisions.
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