VSVgV – German Defence and Security Procurement Ordinance 2026

The VSVgV governs the award of defence and security contracts in Germany and transposes the EU Procurement Directive 2009/81/EC.

Definition: The Defence and Security Procurement Ordinance (VSVgV) is the German legal ordinance that, on the basis of the GWB, regulates the award of contracts in the field of defence and security and transposes EU Directive 2009/81/EC into national law.

Last updated: January 2026 · Legal status: VSVgV as currently in force, GWB §§ 145 et seq., Directive 2009/81/EC

What is the VSVgV?

The Defence and Security Procurement Ordinance (VSVgV) is a special set of rules for the procurement of sensitive goods and services in the defence and security sector. It complements the general Procurement Ordinance (VgV) for an area that requires particular rules because of its security-policy sensitivity. The VSVgV entered into force in 2012 and transposes EU Procurement Directive 2009/81/EC.

Scope

The VSVgV applies to contracts concerning military equipment, security-relevant goods, or related services and works.

Specifically, it covers:

Military equipment: Weapons, munitions, war material, military vehicles, communications technology
Security-relevant equipment: Goods for intelligence services and law-enforcement authorities requiring classification protection
Associated services and works: Maintenance, logistics, infrastructure for the above areas

The EU threshold for the VSVgV is EUR 443,000 for supply and service contracts and EUR 5,538,000 for works (as at 2025).

Special features compared with the general VgV

The VSVgV departs in several respects significantly from the general Procurement Ordinance in order to address security-policy requirements.

Classification protection

Contracting authorities may impose requirements as to the security clearance of bidder undertakings and their personnel. Procedures need not be publicly announced where particularly sensitive.

Types of procedure

The negotiated procedure with prior call for participation is the standard procedure under the VSVgV. A restricted procedure is also provided for. The open procedure plays only a subordinate role.

Security of supply

Contracting authorities may impose requirements as to security of supply, i.e. ensure that critical goods remain available even in times of crisis.

Subcontractors

Bidders may be required to subcontract a minimum share of the works to third-party undertakings in order to strengthen the industrial base.

Relationship to other legal bases

For contracts that affect essential state security interests, the contracting authority may derogate entirely from EU procurement law under Art. 346 TFEU. The VSVgV does not apply in such cases.

FAQ

Which authorities award contracts under the VSVgV? Primarily the Federal Office for Bundeswehr Equipment, Information Technology and In-Service Support (BAAINBw) and authorities in the internal security area (police, domestic intelligence service).

Is there an Austrian equivalent? Yes. In Austria, the BVergGVS 2012 (Federal Procurement Act Defence and Security) applies, which also transposes Directive 2009/81/EC.

Can foreign undertakings bid under the VSVgV? In principle yes, provided they meet the security requirements. In practice, classification-protection requirements often restrict participation to national or NATO partners.

Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.