Market Engagement Before a Catering Tender in Germany: Process, Limits and Key Questions

Before tendering catering, German public bodies may consult the market to prepare the procurement and inform companies about their plans. The legal basis is Section 28 of the Procurement Ordinance (VgV) and, below EU thresholds, Section 20 of the Sub-threshold Procurement Regulation (UVgO). Section 28 VgV explicitly states that market consultation may cover social and environmental aspects, quality and innovation. For catering, it mainly clarifies which production system, organic share, reusable logistics and lot structure are realistic. The limits are equal treatment and the ban on launching a procedure only to obtain prices.

What Section 28 VgV allows

Section 28 VgV is short:

• Allowed: market consultation before a procedure, to prepare it and to inform companies of plans and requirements, including social and environmental aspects (such as circular economy), quality and innovation; it may be carried out electronically.
• Not allowed: procedures run solely to test the market or to determine costs or prices.

The general principles of competition, transparency and equal treatment (Section 97 GWB) also apply. If a company helped prepare the procedure, Section 7 VgV requires the authority to prevent an unfair advantage, typically by giving all bidders the same information.

Below the threshold, Section 20 UVgO applies where the state has adopted it. According to the German Environment Agency, no formal consultation is needed for direct awards; a price comparison based on offers, price lists or websites is enough. Since 1 July 2026, the federal direct award limit is €50,000 net; states set their own.

Formats

Format	Best for	Note
Desk research	Overview of providers and prices	Directories, past notices, websites
Written questionnaire (request for information)	Comparable answers from many providers	Same questions for all, published or widely sent
Supplier dialogue event	Complex projects, new concepts	Present plans, take questions, share minutes with all
Individual meetings	Technical details	Same agenda for all, written notes
Prior information notice (Section 38 VgV)	Early announcement	Makes the project known EU-wide

For schools, a site visit to kitchens and serving points helps caterers judge which system will work. Plan around two to three months for consultation and evaluation before publishing the tender, and work backwards from the desired start date, which for schools is usually the beginning of the school year.

Six steps

1. Define needs: meal numbers now and in coming years (for primary schools, the all-day care entitlement from 2026), serving times, rooms, equipment, budget.
2. Set goals: DGE standard, organic share, reusables, waste reduction.
3. Draft neutral questions without favouring products or providers.
4. Reach out: publish the questionnaire, announce a dialogue date, set a deadline.
5. Evaluate and document in the procurement file (Section 8 VgV), then estimate the contract value.
6. Share results: carry relevant information into the tender documents so every bidder has the same basis.

Questions for caterers

System and logistics

• Which production system suits the existing rooms?
• How long would transport and hot-holding be, and how would you stay within the 3 hours set by the DGE standard?
• Do you use reusable transport containers, and who handles return and washing?

Quality and sustainability

• What organic share is feasible at what extra cost, and do you have an organic control number?
• Can you show the ‘DGE-geprüfte Qualität’ label?
• How do you measure food waste and what happens to surplus food?

Vending machines

• What energy class and annual consumption, measured to EN 50597, do your machines have?
• Do they have a sleep mode, and which refrigerants do they use?
• Which organic and fair trade products can you stock?

Commercial

• What price range per meal do you expect at the stated volume?
• What contract term and price adjustment rules seem appropriate?
• From what lot size would a bid be viable for you?

Lots and local suppliers

Section 97(4) GWB requires division into lots in principle. Market engagement shows what size small and medium caterers can handle: one lot for 20 schools excludes many regional providers, while lots per district or site open up competition.

Many buyers want local food, but a blanket ‘from the region’ requirement is legally risky because it can disadvantage bidders from other regions or EU countries. Market engagement helps identify lawful criteria that support the same aims: seasonal menus, freshness, delivery frequency or organic share. See regional catering for what ‘regional’ means.

Leaving room for innovation

If consultation reveals new solutions, such as digital pre-ordering to cut waste or reuse systems with return logistics, you can include them via functional specifications, variant bids (Section 35 VgV) or, in exceptional cases, an innovation partnership (Section 19 VgV). The EU green public procurement criteria for food, catering services and vending machines (2019) also advise setting requirements such as organic shares in line with the market situation, meaning product availability and the likely number of suppliers.

Common mistakes

• asking only the incumbent caterer,
• not documenting results,
• not sharing meeting content with all bidders,
• tailoring the specification to one company’s offer,
• using consultation as a disguised price enquiry without real intent to award.

How results feed into specifications, award criteria and contract terms is covered in public catering tenders in Germany. For supplier research, browse our caterer directory; caterers can list their business.