Section 13 SektVO (Sector Ordinance) governs the choice of procedure type. For bidders, the key question is whether a call for competition is planned. This determines how you get access to the procedure and which documents you need to work on first.
Legal and source status: September 5, 2026.
Which procedures are available?
Under subsection 1, sector contracting entities can choose between the open procedure, the restricted procedure, the negotiated procedure with a call for competition and the competitive dialogue. The innovation partnership is available under the further rules of the ordinance. Unlike under Section 14 VgV (Public Procurement Ordinance), the negotiated procedure with a call for competition therefore needs no additional ground for an exception.
This results in the following division of work for your preparation:
| Procedure | First question for your team |
|---|---|
| Open procedure | Can we submit the required bid in full by the bid deadline? |
| Restricted procedure | Which proof of suitability do we need for the request to participate? |
| Negotiated procedure with a call for competition | Who handles participation and later takes on the technical and commercial talks? |
| Competitive dialogue | Do we have the capacity to work out the solution in the planned dialogue process? |
First check whether the SektVO applies to the contract. The SektVO guide 2026 explains the necessary conditions.
When is an award without a call for competition possible?
Subsection 2 names concrete exceptions. Subject to further conditions, these include, for example, an unsuccessful negotiated procedure with a call for competition, a lack of competition for technical reasons, or extreme urgency caused by unforeseeable events. The conditions differ from case to case. Simply calling something urgent is not enough. The circumstances that justify the urgency must not be attributable to the contracting entity. Section 13 subsection 2 SektVO.
For technical reasons or exclusive rights, subsection 3 makes the check stricter. There must be no reasonable alternative or substitute. In addition, the lack of competition must not result from artificially narrowed award parameters.
Hypothetical example: A utility wants to expand a plant and points to the previous manufacturer. This supply relationship alone is not enough to check the technical ground for an exception. Interfaces, alternative solutions and actual compatibility, for example, need to be clarified. For a potential competitor, solid information about its own ability to connect is therefore more helpful than a general statement that it could also supply.
Why the initial bid must already hold up
Under Section 15 subsection 4 SektVO, the contracting entity can award the contract on the basis of the initial bids if it reserved this right in the contract notice or in the invitation to confirm interest.
So plan two internal approvals: first for participation and then for an economically viable initial bid. Do not deliberately leave a technical gap open just because you expect a talk. Also check price, delivery date and contract assumptions together with the responsible departments before submitting the first bid.
Checklist for checking the procedure
- Record the procedure type from the original contract notice.
- Keep the participation deadline and the bid deadline separate in your calendar.
- For negotiated procedures, read the reservation of an award based on initial bids.
- Assign each required declaration and reference to a responsible person.
- Phrase unclear points as a bidder question, citing the specific place in the tender documents.
- For a procedure without a call for competition, check the stated ground for the exception and whether its conditions are actually met.
Besides Section 13, Section 15 SektVO is especially relevant for deadlines and process. Use the published dates for your specific procedure instead of deriving a submission date yourself from a general minimum deadline.
Frequently asked questions about Section 13 SektVO
What does Section 13 SektVO govern?
Section 13 SektVO governs the choice of procedure type. Subsection 1 opens the choice between several procedures, and subsection 2 contains exceptions for negotiated procedures without a call for competition. Subsection 3 limits certain exceptions for technical reasons or exclusive rights.
Can a sector contracting entity freely choose a negotiated procedure?
The negotiated procedure with a call for competition is freely available under Section 13 subsection 1 SektVO. Without a call for competition, the contracting entity needs a ground for an exception under subsection 2 and may also have to observe subsection 3.
Is there always a negotiation in the negotiated procedure?
No. Under Section 15 subsection 4 SektVO, the contracting entity may award the contract on the basis of the initial bids if it reserved this option in the contract notice or in the invitation to confirm interest.
Add the procedure type and the first action required to your tender monitoring.