What does VgV (Public Procurement Ordinance) mean?
The Public Procurement Ordinance (Vergabeverordnung, VgV) is the most important statutory ordinance in German procurement law for awarding public supply and service contracts above the EU thresholds. It specifies the principles laid down in the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB, Part 4) and transposes European Procurement Directive 2014/24/EU into detailed procedural rules. The current version of the VgV entered into force on April 18, 2016, and replaced the previous version of the VgV.
The VgV governs the entire procurement process in detail: from estimating the contract value, choosing the procedure type, preparing the tender documents, publication, the suitability check and bid evaluation through to awarding the contract and information obligations. It also contains special rules for design contests and for awarding contracts for social and other specific services.
For construction work above the thresholds, the VgV does not apply. VOB/A-EU (Section 2 of VOB/A) applies instead. For contracts in the utilities sector, the Sector Ordinance (SektVO) applies, and for concessions, the Concession Award Ordinance (KonzVgV). The VgV is therefore the core set of rules for most supply and service procurement above the thresholds.
Relevance for bidders
For bidders, the VgV is the decisive set of rules that defines their rights and obligations in procurement procedures above the thresholds. Knowing the VgV provisions is essential for submitting bids correctly and for exercising your rights under procurement law. In particular, the rules on deadlines, formal requirements, proof of suitability and award criteria are of direct practical relevance to bidders.
The VgV also contains bidder-friendly rules, such as the contracting authority's duty to request missing documents (Section 56 VgV) or the right to clarification of the bid content. Bidders should know these rules so they can exercise their rights in the procurement procedure effectively.
Legal framework
The VgV is based on the enabling provision in Section 113 GWB and transposes EU Procurement Directive 2014/24/EU. It is divided into several parts: general provisions (Sections 1 to 13), procedure types (Sections 14 to 21), special methods and instruments (Sections 22 to 27), preparing the procurement procedure (Sections 28 to 43), suitability check (Sections 44 to 49), conduct of the procedure (Sections 50 to 61) and design contests (Sections 69 to 80). The VgV is supplemented by the Procurement Statistics Ordinance (Vergabestatistikverordnung, VergStatVO).