Key Takeaways

• The VOB is divided into three parts (A, B, C) covering procurement, contract, and technical specifications

• Part A regulates the tender process for national and Europe-wide construction works

• Deadlines and suitability criteria differ strictly from the VgV for services

• A precise review of VOB/C standards prevents calculation errors in the bid

Introduction

According to the Federal Cartel Office, construction works account for around 45% of the total public procurement volume in Germany each year. For you as a Bid Manager, this means: anyone who does not master the formal rules of these procedures loses access to a massive market. The Procurement and Contract Procedures for Building Works (VOB) is the central set of rules for the award and execution of public construction contracts in Germany. It defines exactly how you, as a bidder, must calculate, submit, and later invoice your bids to avoid formal exclusions and secure the award.

Contents

• What is the Procurement and Contract Procedures for Building Works?

• Distinction: When does procurement law apply to construction works?

• 4 steps to a successful tender under the VOB

• Checklist: VOB-compliant bid creation

• How Forgent approaches this

• Frequently asked questions about the Procurement and Contract Procedures for Building Works

What is the Procurement and Contract Procedures for Building Works?

The basis for every public construction award is § 97 GWB, which establishes the principles of competition and transparency. The VOB was created to make these principles applicable in construction practice. It is not a traditional law, but a set of clauses developed by the German Committee for Procurement and Contract Procedures in Construction (DVA), which becomes legally binding through references in the procurement regulations.

The Procurement and Contract Procedures for Building Works (VOB) is divided into three main parts that cover the entire lifecycle of a public construction project. For you as a bidder, VOB/A is initially decisive. This part regulates the tender process for construction works and determines which deadlines you must meet and how the contracting authority verifies your suitability. As soon as you receive the award, VOB/B applies. It contains the General Conditions of Contract for the Execution of Construction Works, including regulations on acceptance, liability for defects, and payment deadlines. The third part, VOB/C, comprises the General Technical Specifications in Construction Contracts (ATV) and defines the trade-specific standards according to which you must calculate and execute your services. Understanding this tripartite structure allows you to identify risks in the procurement documents early on. In practice, an imprecise review of the required VOB/C standards often leads to fatal calculation errors that destroy your margin. Precise knowledge of this structure protects you from expensive mistakes.

Distinction: When does procurement law apply to construction works?

For Bid Managers, the distinction between national and Europe-wide procedures is of central importance, as the legal framework changes fundamentally. The determining factor is the estimated contract value excluding VAT. If this value for public construction contracts exceeds the EU threshold of exactly EUR 5,538,000 as of January 1, 2024 (Source: EU Public Procurement Thresholds), European procurement law applies. In this case, the contracting authority applies Section 2 of the VOB/A. For you, this means stricter requirements for the suitability check, longer minimum deadlines for bid preparation, and access to Europe-wide review procedures before the procurement chambers. If the contract value remains below this threshold of EUR 5,538,000, only national budget law under Section 1 of the VOB/A applies. Here, the deadlines are often significantly shorter, creating enormous time pressure when calculating and procuring evidence. This distinction dictates your entire strategic preparation.

4 steps to a successful tender under the VOB

Processing VOB tenders requires maximum precision when analyzing the procurement documents. This is where a clear difference in technology becomes apparent: while generic AI like ChatGPT often fails at the specific legal nuances of the VOB, domain-specific AI systems flawlessly recognize the exact requirements from bills of quantities. The AI analyzes the extensive VOB/C references and extracts all required suitability evidence into a structured matrix. The Bid Manager then decides based on this processed data whether the project is economically viable. The subject matter experts then evaluate the technical risks in detail.

According to a survey by the Main Association of the German Construction Industry (HDB), 18% of bids fail due to incomplete suitability evidence. A methodical approach is therefore essential.

Tip: Immediately upon receiving the documents, check whether the contracting authority is using open procedures or restricted procurement procedures, as this determines your response time.

Step 1: Review procurement documents and bill of quantities

In the first step, extract all required items from the bill of quantities. According to § 7 VOB/A, the contracting authority must describe the service clearly and exhaustively. Mark all items that deviate from your standard services. The result is a tabular overview in which you clearly separate special services and standard items.

Step 2: Compile suitability criteria and evidence

Compile all required suitability evidence precisely. § 6a VOB/A conclusively defines which documents the contracting authority may request, usually bundled in Form 124. Check each document to ensure it is up to date. The final output is a complete compliance matrix that assigns the exact evidence document from your company archive to each required criterion.

Step 3: Calculation and price sheet review

Calculate your prices based on the identified VOB/C standards. Ensure you do not set speculative prices, as bids with an unusually low price are intensively reviewed under § 16d VOB/A—often defined as a gap of more than 20% to the next bidder according to the established case law of the procurement chambers. The result is a fully completed price sheet, including a prepared original calculation for potential inquiries.

Step 4: Formal submission and deadline control

The formal submission of your bid is the most critical moment in the entire procurement procedure under the VOB/A. Even the most economical and technically superior concept will be mandatorily excluded if you make formal errors or miss deadlines. According to § 14 VOB/A, bids today must generally be submitted entirely electronically in text form via the procurement platform specified by the contracting authority. For you as a bidder, this means: you may not submit documents subsequently via email or in paper form unless this was explicitly permitted in the procurement documents. Plan a buffer of at least half a working day for the upload process. According to the established case law of the Higher Regional Courts, technical disruptions on your end or internet connection problems shortly before the bid deadline expires are almost always at your expense. A bid uploaded late will not be evaluated. A structured process minimizes your risk of formal exclusions.

Checklist: VOB-compliant bid creation

• Bill of quantities analyzed: All items checked for clarity according to § 7 VOB/A.

• Suitability evidence complete: Form 124 or required individual evidence according to § 6a VOB/A is available.

• Calculation secured: No speculative prices, original calculation prepared according to § 16d VOB/A.

• Formal requirements met: Electronic text form confirmed on the platform according to § 14 VOB/A.

• Deadlines controlled: Upload buffer of at least four hours planned before the bid deadline expires.

Before you open the next procurement procedure, check your standard references for VOB compliance.

How Forgent approaches this

The manual review of VOB bills of quantities and suitability criteria costs Bid Managers countless hours and carries a high risk of formal errors. As a domain-specific AI platform for tenders, Forgent offers a fully-fledged Proposal Writer that automatically structures these complex requirements. The AI creates the 70-90% draft of your concept and enables 6–7x faster bid creation, while the triple AI QA checks all requirements for completeness. You still make the final decision on calculation and submission. In a short demo, you can see how Forgent handles this for your next construction tender.

Request a demo →

Frequently asked questions about the Procurement and Contract Procedures for Building Works

What is the difference between VOB and VgV?

The VOB exclusively regulates the award and execution of construction works. The Procurement Ordinance (VgV), on the other hand, applies to the procurement of services and supplies above the EU thresholds. For you as a bidder, this means: when you calculate a construction project, the specific deadlines and suitability requirements of the VOB/A apply, not those of the VgV.

When does the VOB/A apply to you as a bidder?

As soon as you apply for public construction contracts, the VOB/A is the legal basis. Contracting authorities are obligated under § 97 GWB to tender construction works according to this set of rules. For you, this means: regardless of whether it is a small regional project or a Europe-wide tender, you must strictly align your bid processes with the requirements of the VOB/A.

What are the consequences of a violation of the VOB/C for bidders?

The VOB/C defines the General Technical Specifications in Construction Contracts (ATV). If you ignore these technical standards when calculating your bid, you face massive economic losses. A violation during construction execution often leads to claims for defects or to the contracting authority rejecting supplements because the service was already covered by the VOB/C standard.

Can missing evidence be submitted later under the VOB/A?

Yes, but under strict conditions. According to § 16a VOB/A, the contracting authority requests missing declarations or evidence. For you as a bidder, a strict deadline of usually six calendar days then applies. If you miss this grace period, your bid will be mandatorily excluded from the evaluation.

Book a Demo →