Submitting a bid online in response to a public call for tender

Information about Rights & Duties of #E-procurement platforms

Information about Rights & Duties

Submitting a bid online in response to a public call for tender

1. Are there specific technical requirements for the submission of tenders?

Above the EU thresholds, electronic means should be used, as a general rule, at each stage of a public procurement procedure by both the contracting entities and the undertakings (principle of making an award by electronic means, Section 97(5) of the German Act against Restraints of Competition ()). Electronic communication should primarily be used for the electronic publication of the contract notice, the provision free of charge over the internet of the contract documents, especially the terms of reference, and the electronic submission of tenders. The changeover to electronic communication is mandatory and is irrespective of the item to be delivered or the service to be provided on which the award procedure is based.

Below the EU thresholds , as of 1 January 2020 tenders and requests to participate that fall within the scope of the German Code of Procedure for Procuring Supplies and Services below EU-Thresholds () must also be submitted using electronic means. However, this requirement does not apply if the estimated contract value is below EUR 25 000 or a procurement procedure is being carried out in which no contract notice is being published. The details relating to this are set out in Section 38 of the UVgO.

2.  Are electronic signatures mandatory where contracts with a contract value that exceeds the EU thresholds are awarded?

In principle, no. However, if the public contracting authority stipulates increased security requirements for the data requested and to be transmitted as part of the procurement procedure, they may require expressions of interest, confirmations of interest, requests to participate and tenders to be accompanied by an electronic form of declaration. The contracting entities can choose to specify an advanced electronic signature, a qualified electronic signature, an advanced electronic seal or a qualified electronic seal (see Section 53 of the Regulation on the Award of Public Contracts ()).

Electronic signatures can be obtained from various private vendors.

3.  Ar ethere specific portals that are used for submitting a tender in response to a public invitation to tender?

EU-wide notifications are published on the internet by the Publications Office of the European Union ( TED Tenders Electronic Daily ) and updated there on a daily basis.

There are also a large number of different tender portals where public contracting entities, at a Federal Government, federal state or local authority level, put their projects out to tender online.

The Federal Government publishes invitations to tender on its central tender platform. The federal states also operate their own individual tender platforms alongside this.

In addition, a number of privately operated tender portals collect invitations to tender issued by public contracting authorities and publish these online.

Further information

Responsible for the content
Federal Ministry of Economics and Technology

Last update or date of publication
18.12.2020