27 February 2015

Germany invites comment on how best to bring EU Public Procurement Directives into force

Germany is reforming its procurement laws to better reflect the regulations in the new EU Directives on Public Procurement. To ensure a smooth transition into national law, a draft document has been produced detailing how this will be carried out, with stakeholders invited to review the document and comment on the proposed measures. The new rules aim to simplify public procurement, making it more efficient and more flexible in the awarding of contracts to small and medium-sized enterprises. The revised rules also ensure that governments can use procurement as a tool to meet strategic objectives, such as enhancing innovation and furthering sustainability.

The requirements for a company to prove its qualifications in relation to the tender have been significantly simplified, reducing the level of bureaucracy within the procurement process. Additionally, the new rules are designed to provide municipalities with greater legal certainty when procuring innovative products and services.

Grounds by which businesses can be excluded from participating in the procurement procedure have been expanded under the new rules to include participation in a criminal organisation, corruption, fraud and money laundering, as well as the abuse of labour rights and unfair working conditions. The EU Public Procurement Directives will be enacted into German law by 18 April 2016.

For more information, download the PDF [in German].