Search
Contact
30.06.2021 | KPMG Law Insights

The dusty CPV jungle

The dusty CPV jungle

CPV codes – the classification tool
Bidders have always faced great difficulties in finding the right tender for the products they offer. Therefore, the European Commission created the so-called CPV codes in 1993.
Behind the cryptic term “CPV code” is the English term “Common Procurement Vocabulary code”. This vocabulary was last revised in 2008. A new revision of the CPV codes has been announced, but has so far been a long time coming.
The CPV code is intended to classify supplies and services as accurately as possible. The goal here is to receive more bids in award procedures by making it easier for bidders to find tenders that suit them. In the case of tenders in the upper threshold range, at least one CPV code must be specified in the award notice. So much for the theory.

The crux with the CPV codes
Anyone who has already conducted an EU-wide tender has probably found that assigning the subject of the tender to a CPV code is a difficult undertaking. For example, there are not always matching CPV codes, or in other cases their designations are foreign to everyday use. Therefore, one may rightly wonder that in this day and age, for example, CPV codes under with the term “notebook” or “laptop” do not exist. For this purpose, the common vocabulary provides only for “portable computer” under CPV code 30213100-6. In practice, this makes it more difficult for potential bidders to participate in the tendering procedure, because they may not be able to find suitable tenders at all, or only with difficulty.
Also, in the past, awarding chambers were allowed to deal with the inaccurate or wrong CPV code indication by the contracting authority. In this regard, the decisions of the public procurement tribunals referred to the European Commission’s “Guide to the Common Procurement Vocabulary (CPV)”, according to which contracting authorities should use it to try to determine a code that corresponds as closely as possible to the need. In practice, this means that the contracting authority cannot be required to specify the exact CPV code. However, it should be clear to every contracting authority that poor findability of tenders cannot be in its own interest.

Conclusion
As long as the fundamental revision of the CPV code catalog is pending, it is recommended that the choice of CPV codes be made very thoroughly with the help of appropriate CPV code search engines in order to appeal to as many bidders as possible.

Appetite for awarding? Visit our contracting service 360. Premium procurement for the public sector.

Explore #more

22.05.2024 | KPMG Law Insights

The AI Act is coming: EU wants to get a grip on AI risks

For many people, artificial intelligence (AI) is the great hope for business, healthcare and science. But there are also plenty of critics who fear the…

17.05.2024 | KPMG Law Insights

Podcast series “KPMG Law on air”: When the family business is to be sold

Around 38,000 family businesses are currently handed over each year. In most cases, the change of ownership takes place within the family. But more and…

03.05.2024 | KPMG Law Insights

Doubts about inability to work? What employers can do

The certificate of incapacity for work (AU certificate) serves as proof of incapacity for work due to illness. However, only if the certificate meets certain…

29.04.2024 | KPMG Law Insights

Agreement on ecodesign regulation: products to become more sustainable

After lengthy negotiations, the Council and Parliament of the European Union reached a provisional agreement on the Ecodesign Regulation on the night of December 5,…

27.03.2024 | KPMG Law Insights

EU Buildings Directive: life cycle greenhouse potential becomes relevant

On March 12, 2024, the EU Parliament approved the amendment to the EU Buildings Directive. The directive obliges member states and, indirectly, building owners and…

19.03.2024 | Business Performance & Resilience, KPMG Law Insights

CSDDD: Provisional agreement on the EU Supply Chain Directive

The EU member states agreed on the CSDDD, the EU Supply Chain Directive, on March 15, 2024. Germany abstained from the vote. Negotiators from the…

21.02.2024 | KPMG Law Insights, KPMG Law Insights

The Digital Services Act – what does it mean for companies?

The Digital Services Act (DSA) is a key component of the EU’s digital strategy and came into force on November 16, 2022. As a regulation,…

15.02.2024 | KPMG Law Insights

Data compliance management: How to implement it in practice

Part 3 of the article series “Professional tips for data compliance management”   The third part of this series of articles deals with data compliance

14.02.2024 | Business Performance & Resilience, PR Publications

Guest article in ZURe: Monitoring the implementation of the LkSG

The current issue of ZURe (p. 20 ff.) contains a guest article by KPMG Law Partner Thomas Uhlig (Head of General Business and Commercial Law),…

09.02.2024 | KPMG Law Insights

Podcast series “KPMG Law on air”: The employment law function

In almost all German companies, the employment law function is located in the HR department and not in the legal department. One of the reasons…

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll