What is the VOB?
The VOB (Vergabe- und Vertragsordnung fuer Bauleistungen) is the comprehensive German regulatory framework for the procurement and contracting of construction works. It consists of three parts: VOB/A, which contains the procurement rules for awarding construction contracts; VOB/B, which establishes general contract terms for construction works; and VOB/C, which provides general technical specifications for construction through a collection of DIN standards.
VOB/A is divided into sections corresponding to different procurement regimes. Section 1 applies to below-threshold procurement of construction works (replacing the role of the UVgO in the construction context). Section 2 applies to above-threshold procurement, implementing the EU requirements alongside the VgV. The EU section of the VOB/A provides construction-specific procedural rules that supplement or modify the general VgV provisions to account for the particular characteristics of construction procurement, such as the importance of lot division by trade and the specific requirements for bid opening.
VOB/B is not a procurement regulation but a standard contract that is widely used for construction works in both public and private sectors. When incorporated into a construction contract, VOB/B provides standardized provisions for construction timelines, acceptance procedures, warranty periods, payment terms, and dispute resolution. Most public construction contracts in Germany incorporate VOB/B as their contractual foundation, making familiarity with its provisions essential for construction companies.
Why It Matters for Bidders
For construction companies, the VOB is the most important regulatory framework in public procurement. VOB/A determines how construction tenders are structured and conducted, while VOB/B defines the contractual obligations that will govern the project execution. Bidders must understand both parts thoroughly to prepare competitive and compliant bids and to manage the subsequent construction contract effectively.
Key VOB-specific features that affect bidders include the emphasis on lot division by trade (ensuring that specialist trades can bid directly), the detailed rules on bid opening with the right of bidder attendance, the specific provisions on unit price contracts versus lump-sum contracts, and the warranty regime under VOB/B, which differs significantly from the general warranty provisions of the German Civil Code (BGB).
Legal Framework
VOB/A is maintained by the German Committee for Construction Contract Procedures (DVA) and has legal force for federal procurement through administrative regulation. Section 2 of VOB/A implements EU Directive 2014/24/EU for construction works. VOB/B is a set of general contract terms that becomes binding when incorporated by reference into individual contracts. VOB/C consists of DIN standards (DIN 18299 ff.) providing technical specifications for individual construction trades.