The Vergabeverordnung, or VgV, contains detailed rules for many above-threshold supply and service procurements by classical contracting authorities. Its role must be understood alongside the GWB and the special rules for other procurement categories.
Preparation and procedures
The VgV addresses value estimation, communication, procurement methods and the content of documents. Determine the lawful procedure and the scope for negotiation before publication. A negotiated approach requires the relevant legal conditions; the desire for flexibility is not enough on its own.
Selection and evidence
Specify proportionate selection requirements and admissible evidence. Assess reliance on other undertakings and joint participation under the governing provisions. Current examination-order rules, including section 42(4), should be reflected in workflows. Administrative sequence must not become unequal treatment of participants.
Examination and evaluation
Section 56 governs examination and requests for missing or defective material within statutory limits. Material affecting award criteria is subject to particular restrictions. Published award criteria and weighting guide evaluation. A request for clarification cannot simply become an opportunity to rewrite a weak offer after the deadline.
Special services and updates
Planning and certain social or other special services have tailored provisions. The former VOF is no longer the current framework for professional services. The VgV was amended in September 2026; use the applicable current provisions and any transitional rules rather than an unreviewed old template.
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: Multi-year service
The buyer includes options in its estimated value before deciding whether the VgV applies.
Example 2: Missing evidence
A certificate is absent. The authority distinguishes a permitted request for evidence from an impermissible improvement to the evaluated tender.
Example 3: Architectural service
A public buyer uses the relevant VgV planning provisions instead of referring to the repealed VOF as current law.
Example 4: Evaluation sequence
A procedure uses the current open-procedure examination sequence. Decisions remain documented and participants are treated consistently.
Related topics
Choosing a public procurement procedure · Tender exclusion and requests for missing documents · Selection criteria, references and self-declarations · Procurement of architectural and engineering services
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: Aktuelle konsolidierte Fassung der VgV bei Gesetze im Internet öffnen
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.
