Procurement Regulation for Freelance Services (VOF) 2026 – History and Successor

Definition: The Procurement Regulation for Freelance Services (VOF) was the German set of procurement rules applicable until April 2016 to the engagement of architects, engineers and other self-employed professionals by public contracting authorities above the EU thresholds. It has now been replaced by the Procurement Ordinance (VgV).

Last updated: January 2026 · Legal basis: Historical (no longer in force since 18 April 2016); today: §§ 73 et seq. VgV

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What was the VOF?

The VOF (Procurement Regulation for Freelance Services, formerly: Award Regulation for Freelance Services) was a specific set of procurement rules for intellectual and creative services which cannot be described unambiguously and exhaustively before the contract is awarded. Typical services covered by the VOF were:

• Architectural services (building, urban design, landscape architecture)
• Engineering services (structural design, technical equipment, road and bridge engineering)
• Advisory services (management consultancy, legal advice, audit)
• Other freelance activities within the meaning of § 18 EStG (German Income Tax Act)

The characteristic feature of the VOF was the mandatory use of the negotiated procedure: because a detailed description of services is not possible before commissioning planning services, the VOF did not provide for an open pricing procedure but for a quality-led selection and negotiation procedure.

Key Substantive Rules of the VOF

The VOF contained rules on:

• Scope: Freelance services above the EU thresholds
• Type of procedure: Exclusively negotiated procedure with prior call for competition
• Selection criteria: Professional qualification, references, economic capacity
• Award criteria: Qualitative criteria (concept, methodology, reference projects, fee)
• Fee setting: Reference to the HOAI (German official scale of fees for architects and engineers)

Replacement by the 2016 VgV

With the entry into force of the procurement law reform on 18 April 2016, the VOF was repealed and its substantive content was integrated into the new Procurement Ordinance (VgV). The principal rules for architectural and engineering services are now found in:

• §§ 73–80 VgV: Design contests
• § 76 VgV: Award criteria for architectural and engineering services (quality must be considered)
• § 77 VgV: Protection of copyright in design contests

Current Practice

Today, architectural and engineering services above the EU thresholds are procured under the VgV. The negotiated procedure with prior call for competition – which mirrors the previous VOF practice – is still typical. For planning services, contracting authorities can also conduct design contests under §§ 78 et seq. VgV to select the best design before awarding the actual planning contract.

FAQ

Do I still need to know the VOF? For current procurements, no. The VOF may, however, still be relevant for the interpretation of legacy contracts (concluded before April 2016) and for historic procurement questions.

What changed for architects under the VgV compared with the VOF? The procedural flow is essentially similar. However, the VgV reinforces requirements concerning the consideration of quality criteria at the award stage and provides clearer rules for design contests.

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