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Price monitoring; checking prices for public contracts
If you receive an order from a state, municipal or other public authority, you must observe the contractual agreements and statutory regulations when setting prices. In addition to the contractual agreements, you must also comply with statutory regulations. Compliance with these regulations can be checked by the authorities.
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Procedure details
Description
Apart from certain exceptions (e.g. construction contracts), special price regulations apply to contracts awarded by the federal government, federal states, municipalities, associations of municipalities and other legal entities under public law.
According to these regulations, the maximum prices that may be charged for marketable services offered in the context of a call for tenders are those that are customary in trade (market prices). The contracting authority may therefore not be placed in a worse position than a private customer.
If no market price can be determined for a service, for example because it is only offered by one company and is only requested by the public sector, the cost price incurred and a contractually agreed profit (cost price) can be charged. Detailed criteria for determining the cost price are contained in the price regulations.
The contractor is obliged to prove on request that its price claim complies with the price regulations and the contractual agreements.
The legality of the claim can be checked by the price monitoring office of the government in whose district the contractor carries out its activities (usually the company headquarters). The price monitoring office is entitled, among other things, to inspect the contractor's business and to inspect operational documents, in particular the accounting system.
Status: 12.02.2025
Editorial responsibility Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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