What is the VOL?
The VOL (Verdingungsordnung fuer Leistungen, later renamed Vergabe- und Vertragsordnung fuer Leistungen) was the German regulatory framework for the procurement of supplies and general services. Similar in structure to the VOB for construction, the VOL consisted of two parts: VOL/A, which contained the procedural rules for awarding contracts, and VOL/B, which established general contract terms for the performance of supply and service contracts.
VOL/A has been superseded in significant respects by subsequent regulatory reforms. For above-threshold procurement, the VgV (adopted in 2016) replaced VOL/A Section 2. For below-threshold procurement, the UVgO (adopted in 2017) replaced VOL/A Section 1. As a result, VOL/A is no longer directly applicable for new procurement procedures and has largely historical significance in understanding the evolution of German procurement law.
VOL/B, however, remains in active use. These general contract terms continue to be incorporated by reference into many public supply and service contracts, providing standardized provisions for delivery, acceptance, warranty, payment terms, and other contractual aspects. VOL/B is often supplemented by additional special contract terms (Besondere Vertragsbedingungen) that address project-specific requirements. For IT procurement, the EVB-IT templates provide more specialized contract terms that build upon and modify the VOL/B framework.
Why It Matters for Bidders
While bidders no longer need to navigate VOL/A for current procurement procedures, understanding VOL/B remains essential for companies supplying goods and services to public authorities. The general contract terms in VOL/B affect obligations regarding delivery, inspection, acceptance, and warranty, and differ in important respects from the default provisions of the German Civil Code (BGB).
Bidders should review VOL/B carefully when it is referenced in tender documents, paying particular attention to provisions on acceptance procedures, warranty periods, liability limitations, and payment terms. Understanding how VOL/B interacts with any special contract terms included in the specific procurement helps bidders accurately assess their contractual obligations and price their bids accordingly.
Legal Framework
VOL/B is maintained by the German Committee for Contract Procedures for Services (DVAL). While it does not have the force of law on its own, it becomes contractually binding when incorporated by reference into individual contracts. The procurement rules formerly in VOL/A have been replaced by the VgV (above threshold) and UVgO (below threshold). The EVB-IT templates for IT procurement complement and partially modify VOL/B provisions.