Special Contract Conditions (BVB) in Public Procurement Law 2026

Special contract conditions (BVB) in public procurement law: contract-specific provisions as part of the tender documents. Content, relationship to general conditions and legal effect.

Definition: Special contract conditions (Besondere Vertragsbedingungen, BVB) are contract-specific provisions that, as part of the tender documents, supplement, specify or deviate from the general contract conditions and are tailored to the particular needs of the specific contract.

Last updated: January 2026 · Legal basis: Section 108 GWB, VOB/B, BGB, BVergG 2018

What are special contract conditions?

Special contract conditions (BVB) are the individual contractual core of a public contract: they regulate what the general bodies of rules (VOB/B, BGB, GTC) do not cover or do not cover sufficiently.

In public procurement, contracts are regularly concluded on the basis of standardised bodies of rules. The VOB/B governs construction contracts, the BGB applies to supply and service contracts, and the respective general terms and conditions supplement the default statutory law. For contract-specific particularities – special performance deadlines, quality requirements, securities, confidentiality obligations, acceptance procedures – the BVB are drawn up.

Content of the special contract conditions

BVB cover a broad spectrum of contract-specific regulatory needs.

Typical content of BVB:

Performance deadlines: Start, duration and interim deadlines for contract execution
Contractual penalties and acceleration bonuses: Financial sanctions for delays or bonuses for early completion
Securities: Type and amount of performance and warranty bonds
Quality assurance: Specific requirements for quality management, documentation, inspections
Confidentiality and data protection: Provisions on handling sensitive information
Use of subcontractors: Conditions for the use of subcontractors
Acceptance and remuneration: Acceptance procedures, payment terms, cash discount arrangements
Compliance and social standards: Collective wage compliance, minimum wage, environmental requirements

Relationship to general contract conditions

BVB take precedence over the general contract conditions (AVB/VOB/B), provided they do not violate mandatory law.

In the area of construction works, the following applies: BVB take precedence over the VOB/B. In the area of supply and service contracts, BVB take precedence over the contracting authority's general terms and conditions, provided they have been effectively incorporated into the contract. General contract law (BGB) is non-mandatory and is displaced by BVB, unless mandatory protective provisions apply.

Review of BVB under general-terms law

Although BVB are drawn up for a specific contract, they are subject to review under general-terms law pursuant to Sections 305 et seq. BGB when unilaterally drafted by the contracting authority.

The German Federal Court of Justice has clarified that contract conditions pre-formulated for a multitude of contracts (even if used only once in an individual case) can be qualified as general terms and conditions. BVB clauses that unreasonably disadvantage the other party may be ineffective.

BVB in practice

Drafting high-quality BVB is a core competence of professional public procurement.

Faulty or incomplete BVB can create significant risks for the contracting authority: missing securities, unclear deadlines or missing contractual penalties can lead to disadvantages in the event of a dispute. Standard templates (e.g. from procurement offices or procurement law organisations) provide a starting point but must be adapted to the specific contract.

FAQ

Can bidders negotiate the BVB? In public procurement law, a general prohibition on negotiation applies: bidders must accept the BVB as part of the contract offer. Negotiations on contract conditions are only permitted in the negotiated procedure and in competitive dialogue.

What happens if BVB violate mandatory law? The relevant clause is ineffective; it is replaced by the default statutory law (Section 306 BGB).

Must BVB be included in the tender documents? Yes. All contract conditions must form part of the tender documents and must be fully available to bidders before submission of tenders.

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