What Is a Contract for Consideration (Entgeltlicher Vertrag, Germany)?
This is a German procurement term. A contract involving performance and counter-performance; a precondition for a public contract.
Why does consideration matter?
Because only contracts for consideration are public contracts under the GWB. A free transfer, a grant or a one-sided undertaking is not covered by procurement law.
Does consideration have to be money?
No. Any economic value counts, for example the right to exploit a work, which is what turns a concession into a contract for consideration.
What is a common dispute?
Whether an arrangement between public bodies, or a grant with conditions, is in substance a contract for consideration and therefore should have been competed.
