Public planning contracts require a careful definition of the task, the estimated overall value and the quality sought from the team. The former VOF is no longer the current framework; the GWB and relevant VgV provisions must be considered.
Define the project and its value
Identify the planning services, stages, options and related disciplines. Apply the relevant aggregation rules rather than assuming that separate appointments always create separate below-threshold contracts. Consider the interaction between planning, surveys, project management and construction. The estimate and chosen procedure should be documented before the competition starts.
Selection and award quality
References should demonstrate relevant capability without unnecessarily demanding an identical building or client. The qualifications and experience of the proposed team may be important to the quality of a professional service, but selection and award must remain distinguishable. Presentation formats, scoring and evidence should be disclosed sufficiently to allow comparable proposals.
Competitions, negotiation and rights
Where a design competition is used, clarify its relationship with the later appointment and the rights to use submitted designs. An unsuccessful participant’s work is not automatically available for unrestricted use. In negotiations, preserve the published rules and document material evaluation reasons. Fees, scope, stages and responsibilities must fit the procurement documents.
Practical preparation
Gather the project brief, budget, proposed service stages, reference criteria, evaluation matrix and draft contract. Assess whether deliverables and decision points are clear enough to price. Changes to the scope after award may require a separate procurement assessment alongside the professional services agreement.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Several disciplines
An authority appoints architects and engineers separately. Check the applicable aggregation rules for the project. Separate signatures do not alone justify treating every appointment below threshold.
Example 2: Identical building reference
A condition accepts only one precise building type. Examine whether complexity and relevant work would be a more proportionate measure. Familiarity is not always a necessary requirement.
Example 3: Team presentation
The proposed team explains its approach. Evaluate against the disclosed criteria and record reasons. Personal impressions should not replace a defensible quality assessment.
Example 4: Unsuccessful design
The buyer wishes to reuse part of a non-winning design. Check intellectual property and consent requirements as well as the procurement route. Participation does not imply unrestricted transfer of all rights.
Related topics
Public works procurement under the VOB/A · Selection criteria, references and self-declarations · Award criteria and tender evaluation
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 73 VgV · § 74 VgV · § 75 VgV · § 76 VgV · § 77 VgV
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.