Short form of Auftragsberatungsstelle (Contract Advisory Centre)
The Act against Restraints of Competition is the key set of rules of the German antitrust, competition and
procurement law. It contains in particular the general principles (such as the prohibition of discrimination), which have
to be considered when awarding a contract.
Law
The AI COCKPITSERIES contains all the tools of the AI AG for bidders to support the bidder when processing tenders
electronically - completing specifications to submitting of electronic tenders.
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Using the certificate number to search for companies
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Federation, states, cities and municipalities are contracting authorities. Corporate bodies under public law as well as under private law may be contracting authorities, in case they were established for a specific purpose, if they fulfil tasks of common interest, not having an industrial or commercial character, and other contracting authorities are funding them mainly or exercising control over their performance.
The value of the contract will decide whether a national or a European-wide tendering procedure is to be conducted. Decisive is, whether the in advance properly estimated net value of the contract exceeds the so-called thresholds (§ § 2, 3 VgV).
Contracting authorities
Tenderer
The European single market - public procurement
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For working with the e-procurement, you need an electronic signature.
Only then, it is possible for you to register with the e-procurement procedure, to get electronic documents
and to provide tenders with the necessary electronic signature.
See also 'Links eTendering'
The exemption limits, you find in the Hessian procurement decree under 2. procurement exemption limits
Decree
See also value limits
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The most important international agreement in the field of public procurement is the WTO Agreement on Government Procurement (GPA), which is currently being revised (since 2010). This Agreement is opening public procurement. In addition to the EU and its Member States, contracting parties are such important trading partners like the U.S., Japan, Korea and Switzerland. With it, the contracting parties grant each other access to their procurement markets, but only for clearly defined areas. Thus, the agreement provides the companies of the EU additional business opportunities of 100 billion euros worth of market value. The provisions of the GPA rule which market access opportunities must be open for international invitations to tender.
HVA B-StB
Issue April 2010
Manual
The Procurement Manual(VHB) is used as an assisting tool for the award and contractual processing of construction works
when conducting a federal construction project. Here you find the decree on the introduction of the VHB 2008,
the reading version of VHB 2008, study guides, and editable electronic forms for third parties; and
the electronic updating May 2010.
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Multi-user solution supports electronic procurement procedures
The software AI Procurement Manager supports and guides you in creating tender documents, publishing, conducting the submission
until awarding the contract. You have the choice to permit the submission of a tender on paper.
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Manual for the award and execution of works in the road and bridge construction
HVA B-StB
Issue April 2010
Manual
Legal Opinion and study
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Links
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Utilities Regulation SektVO 2009
Tariftreue: Pressemitteilung EU |
Stellungnahme zum Urteil des Gerichtshofs EuGH vom 3. April 2008
(Rs. C-346/06): Tariftreueverpflichtung unzulässig!
Auswirkungen des Urteils des Europäischen Gerichtshofs auf das Hessische Vergabegesetz
Stellungnahme zum Urteil von Brigitta Trutzel, Geschäftsführerin, Auftragsberatungstelle Hessen e.V.
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Alle Ausschreibungen der öffentlichen Hand, die bestimmte Auftragswerte übersteigen, müssen im Supplement
zum Amtsblatt der Europäischen Union (Reihe S, Amtsblatt S oder ABl. S) veröffentlicht und so EU-weit
bekannt gemacht werden. Seit Juli 1998 steht das Amtsblatt S nur noch ausschließlich in elektronischem Format zur Verfügung:
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Thresholds
Thresholds, effective since 22.3.2012
Value limits of the States for restricted tenders / negotiated contracts (pdf) effective: 27.3.2012
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Variants are only allowed if the notice or the tender documents are indicating that alternative tenders are permitted at all, or at least when also submitting a main tender concurrently, § 8 para 4VOL / A, § 16 paragraph 8 VOB / A
The regulation on public procurement (Procurement Regulation) contains fundamental regulations
about the procedural rules for public procurement and review procedures. With the VgV,
important EU directives were implemented.
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The Construction Tendering and Contract Regulations (abbreviated VOB)is a three-part work clause, issued on behalf of
the German Committee for Construction Contract Procedures, It contains rules for the award of construction contracts by
public entities (Part A), rules for the construction contract (Part B), and general and
additional trade-specific technical contract terms, the ZTV (Part C).
The VOB is neither a law nor a legal regulation. Part B must explicitly be aggred on as part of the contract when drafting
construction contracts.
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Tendering and Contract Regulations for Supplies and Services (Vergabe- und Vertragsordnung für Leistungen - VOL)
is part of the German procurement law and rules the tendering and award of contracts of public entities in the
Federal Republic of Germany. Until 2009, it was called "Verdingungsordnung für Leistungen" (contracting regulations),
meaning a public announcement of conditions expecting an offer of a contract implementing corresponding EU directives.
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