The Federal Act on Public Procurement (BöB), which came into force on 1 January 2021, allows in Art. 20 para. 3 BöB for security-sensitive services to be procured in an invitation procedure regardless of the threshold value. Art. 10 para. 4 lit. a BöB provides for an even more far-reaching exception, according to which procurement law does not apply if this is necessary to protect internal or external security.
To date, there have been only a few court decisions on these exceptions. Julia Bhend and Alexandra Williams-Winter have therefore discussed their scope and requirements in an article on ‘Exceptions to procurement law for security reasons’, which was published in the journal Baurecht (issue 2/2022).
