First Section of the Act for Faster Procurement Comes Into Force
(Source: German Ministry of Defence; issued April 02, 2020)
(Unofficial translation by Defense-Aerospace.com)
The Bundeswehr will soon be able to procure the armaments it needs at short notice. The national award of contracts relating to key technologies will also be simplified.

The “Law on Accelerated Procurement in the Defense and Security Sector and Optimization of Award Statistics” gives the Bundeswehr more flexibility and autonomy to prevent equipment shortages; the procurement of particularly important industrial defense technology - the so-called key industrial and defense industrial technologies - is geared more strongly than before to the security interests of Germany.

Essential national security interests must be affected

With the change in the law, equipment for foreign deployments, for example, can be procured faster and in a less bureaucratic manner. This enables the Bundeswehr to react more flexibly to sudden challenges.

In addition, it will be easier to procure elementary technologies for the security of the country without lengthy procedures in the national framework. The prerequisite is that essential national security interests are affected.

The new regulation applies to procurement requirements for mandated missions abroad, obligations equivalent to operations, measures for peacekeeping and the fight against terrorism as well as so-called major damage situations. In the future, such orders can also be placed without holding a competition.

Germany’s key defense industrial technologies include naval shipbuilding, armored vehicles, security-related information technologies and artificial intelligence. An exception to European public procurement law is also possible for electronic warfare technologies. The federal government redefined the spectrum of key technologies in mid-February.

Central procurement statistics are introduced

The adjustment of public procurement law in the area of security and defense was agreed in the coalition agreement of the current governing coalition. The Federal Ministry for Economic Affairs and Energy developed the bill together with the Federal Ministry of Defense. In addition to the changes in the content of the award, the law also provides for the central recording of award contracts at the Federal Statistical Office.

The government passed the bill last October. The Bundestag and Bundesrat approved the draft earlier this year. The law was announced in the Federal Law Gazette on April 1, 2020 and comes into force today.

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