What is the VgV?
The VgV (Vergabeverordnung) is the principal German regulation that provides the detailed procedural rules for the award of public supply and service contracts above the EU thresholds. It was comprehensively revised in 2016 as part of the German procurement law reform to transpose EU Directive 2014/24/EU. Operating under the authority of the GWB, the VgV translates the broad principles established in the GWB into specific, actionable procedural requirements that contracting authorities must follow.
The VgV covers the full lifecycle of a procurement procedure: the calculation of estimated contract values, the choice of procurement procedure, the publication of contract notices, the content of tender documents, communication with bidders, suitability assessment criteria and evidence, the evaluation of bids against award criteria, the standstill period and notification obligations, and the documentation of the procedure. It also addresses specific topics such as electronic procurement, framework agreements, dynamic purchasing systems, and design contests.
As a federal regulation (Rechtsverordnung), the VgV applies directly to all public procurement above the EU thresholds in Germany without requiring separate implementation by the federal states. This creates a uniform regulatory framework across all levels of government, in contrast to the more fragmented below-threshold procurement landscape where different states may apply different rules.
Why It Matters for Bidders
The VgV is the most practically relevant legal text for bidders participating in above-threshold procurement of supplies and services. It defines the concrete rules that shape everyday procurement practice, from the minimum deadlines for bid submission to the criteria for evaluating suitability to the procedural steps following the award decision. Companies that understand the VgV in detail can prepare more compliant bids, exercise their procedural rights more effectively, and identify potential violations by contracting authorities.
Key provisions that bidders should be familiar with include the suitability criteria and evidence requirements (Sections 44 to 49), the rules on technical specifications (Sections 31 to 34), the award criteria framework (Sections 58 and 59), and the communication and notification requirements (Sections 9 to 12 and 134 GWB).
Legal Framework
The VgV was adopted as a federal regulation under the authority of Section 113 GWB. It implements EU Directive 2014/24/EU for above-threshold supply and service procurement. The VgV is complemented by the SektVO for utilities procurement and the KonzVgV for concessions. For construction works above the thresholds, VOB/A Section 2 applies instead of the VgV. The VgV is regularly updated to incorporate legislative changes and judicial developments.