What does e-procurement mean?
E-procurement (E-Vergabe, electronic procurement) refers to carrying out public procurement procedures fully electronically. This covers the entire process chain: the electronic publication of the tender, providing the procurement documents for download, electronic communication between the contracting authority and bidders (including bidder questions), digital bid submission, the electronic opening and evaluation of bids, and the electronic notification of the award.
E-procurement was introduced in Germany in stages. Since April 18, 2016, central purchasing bodies of the federal government have had to handle procurement procedures above the EU thresholds electronically. Since October 18, 2018, the obligation to use e-procurement has applied to all public contracting authorities in EU-wide procedures. Below the EU thresholds, more and more contracting authorities also rely on e-procurement, although there is no general obligation here yet.
The technical infrastructure of e-procurement is based on tender portals and e-procurement systems operated by various providers. Germany has a large number of platforms, including the federal government's procurement platform, the Deutsches Vergabeportal (DTVP), the procurement marketplaces of the federal states and systems from private-sector providers. This variety is a challenge, because bidders have to register on several platforms.
Relevance for bidders
E-procurement gives bidders significant advantages: simpler access to tenders, faster communication, lower printing and shipping costs and better traceability of all procedural steps. At the same time, it requires you to adapt internal processes and have adequate technical equipment.
Bidders must register on the relevant tender portals and install the respective bidder software. Because the platforms have different technical requirements and user concepts, it is advisable to get familiar with them early. Companies should also make sure their IT infrastructure meets the requirements of electronic bid submission, especially regarding encryption and, where applicable, electronic signatures.
Legal framework
The obligation to use e-procurement follows from Sections 9 to 12 VgV (Public Procurement Ordinance), which govern electronic communication in the procurement procedure. Section 53 VgV requires bids to be transmitted electronically. Below the thresholds, the UVgO (Sub-Threshold Procurement Rules) contains corresponding rules in Sections 7 and 38. At European level, EU Procurement Directives 2014/24/EU and 2014/25/EU and the eIDAS Regulation (EU) No 910/2014 form the basis for electronic procurement.