The most significant changes in this context relate to works contracts; the thresholds for works contracts are even quadrupled in some cases (cf. increase in the threshold for direct awards with prior publication in the sectoral area from EUR 500,000.00 to EUR 2,000,000.00). In the case of supply and service contracts, no increase in the thresholds for direct awards is envisaged for contracting authorities; this is because Union procurement law already applies to central contracting authorities from the amount specified in Section 12(1)(1) BVergG 2018 (currently EUR 143,000.00) (cf. explanations on the BVergG 2026 draft, 13). In the sector area, at least a marginal increase to EUR 150,000.00 is planned for the direct award of supply and service contracts.

In connection with direct awards, the BVergG 2026 draft also stipulates that the contracting authority or sector contracting entity must endeavour to obtain at least three comparative offers or non-binding price information for direct awards with an estimated contract value of more than EUR 50,000.00 (Sections 46 (4), 213 (4) BVergG 2026 draft). As the contracting authority cannot force a contractor to submit an offer or to provide non-binding price information, it should be sufficient to endeavour to obtain corresponding offers. The contracting authority is not obliged to endeavour to obtain tenders or price information if there are objective reasons for doing so. Such objective reasons include, for example, the existence of exclusive rights, demonstrable urgency or a demonstrable monopolistic market. In any case, past business relationships do not constitute an objective reason. The contracting authority must document its endeavours in this regard as well as any objective reasons (cf. explanations on the BVergG 2026 draft, 14).

In the case of direct awards with prior publication, the amendment also plans that the contracting authority or sector contracting entity must publish and publicise the intended direct award with prior publication throughout the EU if it identifies a cross-border interest (Sections 47 (3), 214 (3) BVergG 2026 draft). The amendment follows the case law of the European Court of Justice, according to which the principles of the TFEU apply to contract awards with cross-border interest (inter alia ECJ 14 July 2022, Case C-436/20 „Asade“; 05.07.2024, Case C-788/23 „EUROCASHI1“). An exclusively national publication would therefore not be sufficient to provide interested companies with the information required for possible participation in the procedure. In this case, publication at Union level is required (see Explanatory Notes on the BVergG 2026 draft, 13).

The review period for the BVergG 2026 draft ends on 7 November 2025. It remains to be seen whether the changes currently planned in connection with the choice of award procedures will be retained in this form.