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Overview concerning the Implementation of Award Procedures during the Corona Crisis

Overview of Communications, Circulars, Decrees and Administrative Regulations at EU, Federal and State Level (as of 28 April 2020)

This article provides an overview of existing facilitations in the implementation of procurement procedures at EU, federal and state level. The article also contains direct links to the relevant communications, circulars, decrees and administrative regulations and is regularly updated.

+++ Update of 28 April 2020 +++

Federal Government (authorities in the BMI's scope of business): Annex 1 to circular BMI and business division - SARS-CoV-2 - pandemic situation - of 20 April 2020
Mecklenburg-Western Pomerania: Decree on public procurement in connection with the corona pandemic of 14 April 2020 (in force since 21 April 2020)
Hesse: Joint Circular of 14 April 2020

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I.          Situation

The constant spread of the SARS-CoV-2 infectious agent in Germany also has a massive impact on the procurement activities of public-sector clients in Germany. Different products are needed quickly and in large numbers - from remedies and aids (e.g. respirators) to information technology equipment (e.g. laptops) and video conferencing technology for working from home.

In the range above the EU thresholds (supplies and services: EUR 214,000, works contracts: EUR 5,350,000), the legal framework is provided by EU procurement directives 2014/23/EU (concessions directive), 2014/24/EU (public procurement directive) and 2014/25/EU (sectoral procurement directive). The federal legislator has implemented the above-mentioned directives into national law as part of the Amendment to Procurement Law 2016.

Below the EU thresholds, on the other hand, procurement law is budget law which is why the federal states there define the factual and personal scope of application of the regulatory framework of procurement law by means of corresponding administrative regulations to the respective federal state budget regulation and in the municipal budget regulation.

The complete document is available in the download area below.

Sascha Opheys

Christopher Theis


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Overview of Communications, Circulars, Decrees and Administrative Regulations at EU, Federal and State Level concerning the Implementation of Award Procedures during the Corona Crisis_BEITEN BURKHARDT.pdf

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