Vergabeverordnung

Vergabeverordnung (VgV) is a German procurement regulation that implements European Union public procurement directives for awarding contracts by public authorities in Germany. It forms part of the broader German procurement framework and works alongside the GWB (Act against Restraints of Competition) and the VOB/A and VOL/A for construction, services, and supplies. The VgV governs procedures for contracts that fall within EU thresholds and certain national procedures, applying to public sector buyers at federal, state, and municipal levels.

The regulation sets the procedural framework for how contracts are sought, evaluated, and awarded. It specifies permissible procedures, including the open procedure, restricted procedure, competitive dialogue, and negotiated procedures with or without prior publication. It also prescribes publication and advertising requirements, including EU-wide notices for contracts above the thresholds and the use of electronic procurement tools. The VgV emphasizes core procurement principles such as equal treatment, transparency, non-discrimination, and proportionality.

Bidders are required to meet selection criteria relating to economic and financial standing and technical capability. Tenders are evaluated according to objective criteria, with the contract typically awarded to the most economically advantageous tender, which may combine price and quality considerations as defined by the contracting authority.

Remedies and enforcement are a key aspect: unsuccessful bidders can challenge award decisions before the appropriate administrative or court procedures, contributing to transparency and accountability in public procurement. The VgV interacts with sector-specific regimes (VOB/A for construction, VOL/A for services and supplies) and remains aligned with evolving EU procurement directives and digital procurement practices (electronic tendering).