Procurement Ordinance (VgV) in Procurement Law

The Procurement Ordinance (VgV) governs the award of public contracts in the above-threshold area for the classical sector in Germany. Transposition of Directive 2014/24/EU.

Definition: The Procurement Ordinance (VgV) is the central German legal ordinance transposing Directive 2014/24/EU for the award of public supply, service and works contracts above the EU thresholds in the classical sector, issued on the basis of §§ 97 et seq. GWB.

Last updated: January 2026 · Legal status: VgV as adopted on 12.04.2016 (BGBl. I p. 624), as last amended; GWB; Directive 2014/24/EU

What is the Procurement Ordinance (VgV)?

The Procurement Ordinance (VgV) is the central body of rules for public procurement in German federal law above the EU thresholds in the classical sector. It entered into force on 18 April 2016 and fully replaced the previous Procurement Ordinance, as well as VOL/A Section 2 and VOF.

The VgV applies to supply and service contracts and to the award of professional services (formerly VOF) above the EU thresholds. For works, § 2 VgV refers to VOB/A Section 2, which to that extent applies as lex specialis. Utilities contracting authorities fall under the Utilities Ordinance (SektVO); concessions under the Concession Award Ordinance (KonzVgV).

The empowering basis is §§ 97 et seq. of the Act against Restraints of Competition (GWB), in particular § 113 GWB, which empowers the federal government to regulate the procurement procedure by legal ordinance with the consent of the Bundesrat.

Importance and function

The VgV concretises the abstract procurement principles of the GWB and transposes the EU-law requirements of Directive 2014/24/EU into binding national law.

The ordinance is structured into several chapters and regulates, among other things:

Types of procedure – Open procedure, restricted procedure, negotiated procedure, competitive dialogue, innovation partnership (§§ 14–19 VgV)
Estimation of contract value – Basis for the threshold calculation (§ 3 VgV)
Notice obligations – Duty to publish EU-wide in the Official Journal of the EU (§§ 37–42 VgV)
Suitability assessment – Requirements for self-declarations, evidence and the European Single Procurement Document (ESPD) (§§ 42–48 VgV)
Award criteria – Most economically advantageous tender as the benchmark, price/quality ratio (§ 58 VgV)
E-procurement – Duty of electronic communication and bid submission (§ 97(5) GWB, §§ 9–11 VgV)
Special contractual clauses – Social, environmental and innovative aspects (§ 128 GWB)

The EU threshold for supply and service contracts is currently EUR 221,000 for other public contracting authorities and EUR 143,000 for highest federal authorities (as at 2024/2025, adjusted by the European Commission every two years).

Legal basis

The VgV sits within the multi-tier framework of German procurement law and can only be understood in interplay with the GWB and EU law.

GWB (Part 4, §§ 97–184) – Primary national procurement law, principles, legal protection
§ 113 GWB – Empowering basis for the VgV
Directive 2014/24/EU – EU-law basis, directly applicable where the VgV does not conform to the directive
Implementing Regulation (EU) 2023/1770 – Threshold adjustment
VgV (BGBl. I 2016, p. 624) – Legal ordinance with the force of law

Distinction from the UVgO

The Sub-Threshold Procurement Ordinance (UVgO) applies to supply and service contracts below the EU thresholds and is not part of the VgV. Federal authorities are bound by the UVgO; the Länder may adopt their own rules.

Austrian equivalent

In Austria there is no self-standing ordinance comparable to the VgV; the equivalent is the BVergG 2018 (BGBl. I No 65/2018), which combines the act and the procedural code in a single piece of legislation. The BVergG 2018 transposes both Directive 2014/24/EU and Directives 2014/25/EU and 2014/23/EU and applies to public contracting authorities in the above- and sub-threshold areas.

Related terms

FAQ

Which types of contract does the VgV apply to? The VgV applies to public supply and service contracts and professional services above the EU thresholds in the classical sector. For works, VOB/A Section 2 applies; for utilities contracting authorities, the SektVO.

Does the VgV also apply to the Länder? The VgV applies directly to federal authorities and contracting authorities falling within the GWB notion of contracting authority. The Länder and municipalities may adopt their own rules in the sub-threshold area but are bound by the VgV in the above-threshold area.

What is the difference between the VgV and the GWB? The GWB (Part 4) contains the primary procurement principles, definitions and legal protection. The VgV is a legal ordinance issued on the basis of the GWB which governs the specific procedure in the above-threshold area.

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