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Part 4 · Award of Public Contracts and Concessions  ›  Division 1 · General Principles, Definitions and Scope › Section 113

Power to Issue a Statutory Instrument

The Federal Government shall be authorised to regulate, by way of statutory instruments with the consent of the Bundesrat, the particulars on the award of public contracts and concessions and the organisation of design contests. This authorisation includes the power to regulate requirements for the subject matter of the contract and for the procurement procedure, particularly to regulate

1.  the estimate of the order or contract value;

2.  the tender specifications, the tender notice, the procurement procedures and the course of the procurement procedure, the variant tenders, the award of subcontracts as well as the award of public contracts and concessions that pertain to social and other specific services;

3.  the special techniques and instruments in procurement procedures and for aggregated procurement, including central procurement;

4.  the sending, receiving, forwarding and storing of data, including rules on the entry into force of the corresponding obligations;

5.  the selection and review of undertakings and tenders as well as the conclusion of the contract;

6.  the cancellation of the procurement procedure;

7.  the defence or security-specific requirements relating to secrecy, general rules on the protection of confidentiality, the security of supply as well as specific rules on the award of subcontracts;

8.  the conditions under which sector contracting entities, concession grantors or contracting authorities under the Federal Mining Act [Bundesberggesetz] may be exempted from the obligation to apply the provisions of this Part, and to define the procedure to be followed in this respect, including the necessary investigatory powers of the Bundeskartellamt and the particulars of the costs to be charged; measures of clemency may be provided for.

The statutory instruments must be forwarded to the Bundestag. The forwarding shall occur before the forwarding to the Bundesrat. The statutory instruments may be amended or refused by resolution of the Bundestag. The resolution of the Bundestag shall be forwarded to the Federal Government. If the Bundestag has not dealt with the statutory instrument within three sitting weeks of receipt thereof, the unchanged statutory instruments shall be forwarded to the Bundesrat.

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