GWB Part 4 is the statutory starting point for many EU-wide tenders. For bidders, it helps answer four questions early: Does the contracting authority have to apply this procurement law? Is our company suitable? How will the bid be evaluated? And how can we have a violation of our rights reviewed in time?
This overview follows the version of the law available on Gesetze im Internet, which already includes changes from 2026. These include the separate lot rule in Section 97a and the revised requirements for proof of suitability. Legal and source status: September 5, 2026. GWB, current full text
What is the GWB, and where is procurement law?
GWB stands for Gesetz gegen Wettbewerbsbeschränkungen (German Act against Restraints of Competition). The act also covers cartels, market dominance and mergers. For public procurement, Part 4 with Sections 97 to 184 is especially relevant. Its first chapter covers the award procedure, and the second covers review. So if you only search for “GWB”, you often end up with topics outside procurement law. GWB table of contents
| Question in the bid team | Starting point | Deep dive |
|---|---|---|
| Which principles protect competition? | Sections 97 and 97a | Principles and division into lots |
| Is our potential customer a public contracting authority? | Section 99 | Check the contracting authority |
| What is a public contract in legal terms? | Section 103 | Tell contract types apart |
| Is the EU threshold reached? | Section 106 | Thresholds 2026 |
| Can we perform the contract? | Section 122 | Prove suitability |
| Is there a mandatory ground for exclusion? | Section 123 | Exclusion and self-cleaning |
| Which bid wins the contract? | Section 127 | Understand award criteria |
| How does legal protection work? | Sections 155 ff. | Complaints and review |
When does GWB Part 4 apply?
Check the scope in a fixed order. First comes the contracting authority. Section 98 distinguishes public contracting authorities, sector contracting entities and concession grantors. A GmbH (limited liability company) can fall under Section 99. So the private-law legal form does not answer the question on its own. Section 98 GWB, Section 99 GWB
Next come the subject matter and the contract structure. Section 103 covers procurement contracts for supplies, works and services for consideration. Concessions must be looked at separately. A key distinguishing feature is the operating risk that passes to the concessionaire. Section 103 GWB, Section 105 GWB
Finally, the estimated contract value excluding VAT must reach the relevant threshold. Even with a high contract value, statutory exceptions must still be checked, for example for certain forms of public-public cooperation. “Public customer plus big budget” is therefore not a complete check. Section 106 GWB, Section 108 GWB
Which thresholds apply in 2026?
The following values apply for 2026 and 2027. All amounts are net values. The overview shows common types of procurement. Special categories must be classified separately.
| Typical use case | EU threshold |
|---|---|
| Regular supplies and services of the Federal Chancellery and the federal ministries | €140,000 |
| Regular supplies and services of other public contracting authorities | €216,000 |
| Supplies and services for sector activities, excluding special service categories | €432,000 |
| Works contracts | €5,404,000 |
| Concessions | €5,404,000 |
The values come from EU Regulation 2025/2152 for classic contracts, 2025/2150 for sector contracts and 2025/2151 for concessions. In Germany, the assignment of the lower value to the Federal Chancellery and the federal ministries follows from Section 106 subsection 2 number 1 GWB.
Fictional example: A municipality plans an IT service for three years at €70,000 each, plus an option to extend for one more year. With this simplified calculation, the estimated total value is €280,000 net. If you only look at the first contract year, you classify the contract wrongly. Options and contract extensions count in the VgV area. Section 3 VgV
GWB, VgV and SektVO: Which rule provides the detail?
The GWB sets the framework. The VgV (Public Procurement Ordinance) contains the more detailed procedural rules for its scope. For classic works contracts, Section 2 VgV essentially refers to Part 2 of the VOB/A (German Construction Contract Procedures). Certain VgV provisions also apply. For planning services, Section 2 contains its own clarification. Section 1 VgV, Section 2 VgV
For procurement in water, energy or transport supply, as well as other statutory sector activities, you have to look at the contracting authority and the specific purpose of the procurement together. The company name “Stadtwerke” (municipal utility) is not enough for this classification. Our SektVO guide 2026 covers the details. The basics are in Section 100 GWB, Section 102 GWB and Section 1 SektVO (Sector Ordinance).
Principles: What can bidders expect?
Section 97 names, among other things, competition, transparency, cost efficiency, proportionality and equal treatment. Companies have a right to have the procurement rules observed. Work with the published requirements and document contradictions instead of catering to what you assume the contracting authority expects. Section 97 GWB
For smaller companies, the lot structure is especially relevant. The SME principle is still in Section 97 subsection 4. In the current version, the concrete lot rule is in Section 97a. It governs partial lots and trade lots as well as exceptions to separate awards, including a limited exception on grounds of time for certain infrastructure projects. An overall award must therefore be checked against its specific ground for the exception. Section 97a GWB
Keep suitability, exclusion and award clearly separate
Suitability concerns the company's ability to perform the contract properly. Section 122 names the qualification and authorization to pursue the professional activity, economic and financial standing, and technical and professional ability. The current version makes self-declarations the rule. Further documents should only be requested from promising candidates or bidders as the procedure goes on. Section 122 GWB
Grounds for exclusion concern other questions. Section 123 covers in particular certain final convictions or corporate fines, as well as breaches of tax and social security obligations under the statutory conditions. Section 124 covers discretionary grounds for exclusion. Both belong in a separate check step. Section 123 GWB, Section 124 GWB
The contracting authority compares the bids based on the award criteria. The most economically advantageous tender is determined using the criteria set in advance. Besides price or cost, qualitative, social or environmental aspects can play a part. So a suitable company does not automatically win the bid evaluation. Section 127 GWB
Set up three separate working lists for this: company proof, exclusion check and evaluated bid content. If you lack capacity of your own, look into a partnership early. The subcontractor guide explains what counts as subcontracting and what counts as relying on the capacities of others.
From the tender to a sound decision to bid
Use the legal framework before experts invest several days in a bid. The following sequence links legal check points with your bid/no-bid decision:
- Note the contracting authority, contract type, lot and applicable set of rules.
- File the contract notice, draft contract, criteria and later changes with versions.
- For each mandatory requirement, record an owner, the evidence and a due date.
- Check for which criteria your bid has strengths you can prove and what drafting that needs.
- Record submission, internal approval, technical transmission and possible legal deadlines separately.
If a reference requirement is unclear, the team needs clarification first. A longer bid text does not replace fitting proof. If, on the other hand, suitability is settled but the evaluation relies heavily on implementation methodology, the writing time belongs in that evaluated part.
Complaints and review: Why checking early counts
Within the scope of the GWB, review is carried out by public procurement tribunals (Vergabekammern). A company must show, among other things, an interest in the contract, an alleged violation of its rights and damage that has occurred or is threatened. Section 155 GWB, Section 160 GWB
There is no single “ten-day complaint deadline” for all situations. Complaint deadlines, the deadline after a notice that the complaint will not be remedied, and the standstill period before the contract is signed have different triggers. A complaint does not automatically extend this standstill period. The ban on awarding the contract under Section 169 is linked to the public procurement tribunal informing the contracting authority. In a concrete dispute, have these steps legally checked in good time. Section 134 GWB, Section 169 GWB
Frequently asked questions about GWB Part 4
What does Part 4 of the GWB govern?
Part 4 governs the award of public contracts and concessions above the EU thresholds it covers, as well as their review. It contains principles, definitions, requirements for companies and bids, and legal protection.
What is the difference between the GWB and the VgV?
The GWB forms the statutory framework. The VgV sets out the procedures in detail for its scope. Other ordinances apply to sector procurement, defense and security contracts, and concessions.
Does the GWB apply below the EU thresholds?
The procurement regime of Part 4 generally only applies once the relevant threshold is reached. Below that, other procurement and budget rules must be checked. This does not mean that the contract may be awarded without any rules.
For your next tender, start with the table above: Assign open questions to a section and record the answer with its reference in your bid file.