Public Catering Tenders in Germany: Procurement Law, Thresholds and Sustainable Criteria

In Germany, municipalities, school authorities, hospitals and other public bodies must award catering contracts under public procurement law. Above the EU thresholds, Part 4 of the Act against Restraints of Competition (GWB) and the Procurement Ordinance (VgV) apply. Catering is classed as a social and other specific service, with its own threshold of €750,000 excluding VAT and more flexible procedures. Below that threshold, budget law, the Sub-threshold Procurement Regulation (UVgO, where the federal state has adopted it) and state procurement acts apply. Sustainability can be built into every stage: specifications, selection, award criteria and contract performance clauses.

EU thresholds 2026/2027

Since 1 January 2026, Delegated Regulation (EU) 2025/2152 sets the following values (excluding VAT):

Contract type	Threshold from 1 Jan 2026
Supplies and services, central government	€140,000
Supplies and services, other contracting authorities	€216,000
Social and other specific services (Annex XIV, Directive 2014/24/EU)	€750,000
Works	€5,404,000

Section 106 GWB applies the EU values directly. As we understand it, catering, canteen and school meal services are listed in Annex XIV, so the €750,000 threshold applies. Check your CPV code (for example 55520000 catering, 55524000 school catering, 55510000 canteen services).

The estimated value covers the full term including options. A school contract serving 400 meals a day over four years can exceed the threshold quickly.

Since 1 July 2026, the Procurement Acceleration Act (Vergabebeschleunigungsgesetz) has raised the federal limit for direct awards to €50,000 net. States and municipalities keep their own limits.

The light regime for catering

Above €750,000, Section 130 GWB and Sections 64 to 66 VgV apply:

• free choice between open, restricted, competitive negotiated procedure, competitive dialogue and innovation partnership,
• framework agreements for up to eight years (Section 65(2) VgV),
• flexible deadlines where the nature of the service justifies it,
• contract changes without a new procedure up to 20 percent of the original value (Section 130(2) GWB).

Below the threshold, Section 49 UVgO also eases the rules for these services. If the caterer carries the operating risk, for example by earning mainly from sales to pupils or staff, the arrangement may be a service concession under the Concession Award Ordinance (KonzVgV), with a much higher threshold.

Preparing the tender

Clarify meal numbers, serving times, kitchen equipment, the right production system and budget. A market engagement exercise under Section 28 VgV shows what bidders can realistically offer. Section 97(4) GWB requires division into lots in principle, which helps small and medium-sized caterers. For schools, lots per site or district work well; larger sites may use separate lots for lunch and vending machines.

Writing the specification

Section 31 VgV expressly allows environmental requirements. Typical content:

• Nutrition: menu planning to the relevant DGE quality standard, a daily vegetarian dish, allergen labelling.
• Organic share: a minimum share of food purchases certified under Regulation (EU) 2018/848. Labels may be required under Section 34 VgV, but equivalent evidence must be accepted.
• Production: system, maximum hot-holding time, temperature records.
• Food waste: a prevention plan and regular measurement of kitchen, serving and plate waste.
• Reusable containers and tableware: transport in reusable containers such as stainless steel gastronorm pans in insulated boxes, service on reusable tableware, disposables only in justified cases. Define who handles return transport, washing and lost containers. See reusable instead of disposable. For long contracts, note that the EU Packaging Regulation (EU) 2025/40 will add reuse obligations for the hospitality sector over the coming years, so require the caterer to implement new legal rules during the term.
• Equipment: energy and refrigerant requirements where the caterer supplies appliances or vending machines.

Selection, award and performance

Selection can cover comparable references, hygiene concepts, organic certification and environmental management systems. The contract goes to the most economically advantageous tender (Section 127 GWB, Section 58 VgV). Common quality criteria:

Criterion	How it is assessed
Tasting	Panel of staff, parents or users with a fixed scoring sheet
Menu concept	Four-week plan checked against DGE criteria
Organic share above minimum	Points in proportion to the extra share
Food waste concept	Method, targets, redistribution of surplus
Logistics and reusables	Container system, routes, vehicles

Fixed prices are also possible, so bidders compete on quality, environmental and social criteria only. Under Section 128(2) GWB, you can add performance clauses such as annual reports on organic share and food waste.

The EU perspective: GPP criteria 2019

In 2019 the European Commission published green public procurement (GPP) criteria for food, catering services and vending machines (SWD(2019) 366 final). They are voluntary and come in core and comprehensive levels. For catering they include plant-based menu options, written food waste prevention procedures, reusable tableware as the general rule, energy-efficient kitchen equipment, low-GWP refrigerants and reporting on indicators such as food waste per meal. For vending machines they cover organic and fair trade products, smart controls for off-hours, reusable cups and refrigerants with a global warming potential below 150. The texts are available on the EU green public procurement portal.

Common mistakes

• price as the only award criterion,
• requirements without defined evidence,
• lots too large for regional caterers,
• fixed volumes despite changing meal numbers,
• reusable containers without return logistics.

A short checklist before publication: contract value estimated over the full term, CPV code checked, market engagement documented, lot structure justified, evidence for every requirement defined, award criteria weighted with a scoring scheme, and reporting duties written into the contract.

Caterers who bid for public contracts can list their business so buyers find them during market research.