VOB/A – Award of Construction Works 2026 – Procedural Rules Explained

Definition: VOB/A is Part A of the Procurement and Contract Regulations for Construction Works and contains the procurement rules for public works contracts in Germany – divided into a national section (Section 1), an EU section (Section 2) and a utilities-sector section (Section 3).

Last updated: January 2026 · Legal basis: VOB/A 2019, § 2 para. 1 VgV, §§ 97 et seq. GWB

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What is VOB/A?

VOB/A (Procurement and Contract Regulations for Construction Works, Part A) is the specific set of rules for the procurement procedure for construction works and supplements the general procurement-law provisions (GWB, VgV) with rules specific to construction. It is issued by the German Procurement and Contract Committee for Construction Works (DVA), most recently in the 2019 edition (published in the Federal Gazette). Although VOB/A is not a formal statute, it is largely binding for public contracting authorities through references in budgetary law and administrative regulations.

Structure: three sections

VOB/A is divided into three sections, each of which applies according to contract scope and contracting authority:

Section 1 – Below-threshold procurement

Section 1 applies to the award of construction works below the EU thresholds (currently EUR 5,538,000 net). It contains rules on the following procedural types:

• Open tender (öffentliche Ausschreibung): standard procedure with public notice
• Restricted tender with prior call for competition: pre-selection of bidders
• Restricted tender without prior call for competition: direct approach of selected firms
• Negotiated award (freihändige Vergabe): for special cases (urgency, lack of competition, low contract values)

Section 2 (EU section) – Above-threshold procurement

Section 2 applies to EU-wide tenders above the EU threshold of EUR 5,538,000 net. It supplements and modifies the general provisions of the VgV for the construction sector. The procedural types are the open procedure, the restricted procedure, the negotiated procedure, the competitive dialogue and the innovation partnership – mirroring the general procedural types under the VgV.

Section 3 – Utilities procurement

Section 3 applies to construction procurement by utilities (water, energy, transport, postal services) above the thresholds. It supplements the Utilities Ordinance (SektVO).

Key areas regulated

VOB/A contains detailed rules on the following topics:

• Specifications: principle of clear and exhaustive description (§ 7 VOB/A)
• Notice and time limits: minimum periods for tender and participation deadlines
• Suitability assessment: requirements as to expertise, capacity and reliability
• Tender evaluation: the principle of the most economically advantageous tender
• Procurement file note: documentation duties of the contracting authority
• Cancellation of the tender: conditions and legal consequences

Relationship to the VgV

Above the thresholds, VOB/A Section 2 acts as lex specialis to the VgV, i.e. the VOB/A rules prevail to the extent that they contain differing provisions. Gaps are filled by the VgV. Below the thresholds, Section 1 of VOB/A applies independently.

FAQ

Is VOB/A binding on private contracting authorities? No. Private contracting authorities are not required to apply VOB/A. Public contracting authorities, however, are generally required to apply it by budgetary law.

What is the difference between an open tender and a negotiated award under VOB/A? In an open tender, the contract is published publicly and any interested bidder can take part. A negotiated award is a procedure without formal requirements in which the contracting authority negotiates directly with one or a few companies; it is only permitted in narrow exceptional cases.

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