What is the VOF?
The VOF (Vergabeordnung fuer freiberufliche Leistungen) was the German regulation that specifically governed the procurement of freelance professional services above the EU thresholds. It applied to services that could not be clearly and exhaustively described in advance, typically intellectual and creative services provided by professionals such as architects, engineers, urban planners, management consultants, and lawyers. The VOF was replaced by the VgV in 2016 as part of the comprehensive German procurement law reform.
The distinctive feature of the VOF was its recognition that freelance professional services require a procurement approach fundamentally different from standardized goods or routine services. Because the quality of these services depends heavily on the individual expertise, creativity, and approach of the service provider, the VOF emphasized qualitative evaluation criteria over price competition. The negotiated procedure was the standard procurement method under the VOF, allowing contracting authorities to discuss proposals with candidates and assess their suitability through presentations and interviews.
While the VOF as a separate regulation no longer exists, its underlying principles have been substantially incorporated into the VgV. Section 14 (3) VgV continues to recognize that the negotiated procedure is appropriate for services that cannot be specified precisely in advance, and Section 73 to 78 VgV contain specific provisions for design contests (Planungswettbewerbe) for architectural and engineering services.
Why It Matters for Bidders
Freelance professionals and firms providing architectural, engineering, or consulting services to public authorities should understand the transition from the VOF to the VgV. The core principle that these services are best procured through qualitative evaluation and negotiation rather than pure price competition has been preserved. Bidders in this sector should focus on demonstrating the quality of their proposed team, methodology, and approach rather than competing primarily on price.
The VgV provisions for design contests continue the VOF tradition of emphasizing creative quality in architecture and urban planning procurement. Companies in these fields should familiarize themselves with the specific VgV provisions governing design contests, including the requirements for jury composition, anonymity, and award criteria.
Legal Framework
The VOF was replaced by the VgV effective April 18, 2016. The relevant provisions are now found throughout the VgV, with Sections 73 to 78 VgV specifically addressing design contests. EU Directive 2014/24/EU Articles 29 and 30 provide the framework for negotiated procedures and competitive dialogue, which are the primary procedures for procuring complex professional services. The German Architects' and Engineers' Fee Regulation (HOAI) remains relevant for pricing certain professional services.