Legal situation for Green Public Procurement (GPP): In accordance with the new version of the German Regulation of Procurement (VgV) public procurers are basically obliged to demand an analysis of minimized LCC by tenderers. Furthermore, the procurement of legal and sustainable wood is mandatory at federal level. According to the Law against Restriction of Competition (§ 97 GWB) ecological aspects can be taken into account within the public procurement procedure if there is a factual link to the order-object. The law applies at the federal and state level. However, the final responsibility of the criteria setting lies with the public procurer. Additionally, the German government adopted in 2008 general administrative provisions on the procurement of energy-efficient products. In Germany’s National Energy Efficiency Action Plans (NEEAP), energy-efficient public procurement is explicitly mentioned, the focus of the measures lies on information offers; further obligations to generally apply GPP are not foreseen. In Germany there are 55 signatories to the Covenant of Mayors (CoM) all of which have handed in a Sustainable Energy Action Plan (SEAP).
Implementation of GPP in Germany:
Although most public purchasers are open to the idea of energy efficiency and environmental procurement criteria they often lack the time to implement LCC in their procurement activities. Some are also still worried about legal problems, although the legislation clearly allows and encourages GPP. That changes when institutions adopt purchasing policies requiring the use of green criteria in the institution.