Procurement procedures for construction, supply and services; advising public clients

The so-called VOB offices advise public contracting authorities and private funding recipients on their procurement procedures up to the award of the contract.

The VOB office (VOB = Vergabe- und Vertragsordnung für Bauleistungen) takes preventative action to avoid procurement errors and costly review procedures. In specific procurement procedures, the VOB offices are the point of contact for questions relating to procurement law in order to avoid procurement errors and review procedures.

Responsibility is not based on the location of the company lodging the complaint, but on the location of the construction project in the case of municipal measures and funding measures, and on the location of the awarding authority in the case of state measures.

The VOB office is available to public contracting authorities and private funding recipients for the following advisory tasks:

• Contact and coordination office for questions relating to the tendering and awarding of construction work in accordance with the German Construction Tendering and Contract Regulations - Part A (VOB/A) above and below the EU threshold value
• Advice on issues relating to the tendering and awarding of services in accordance with the Sub-Threshold Procurement Regulations (UVgO) below and in accordance with the Act against Restraints of Competition (GWB), the Procurement Regulation (VgV), the Sector Regulation (SektVO) and the Concession Procurement Regulation (KonzVgV) above the EU threshold value
• Advisory services for architectural and engineering services in accordance with the VgV, the Guidelines for Planning Competitions (RPW) and the Fee Structure for Architects and Engineers (HOAI)
• Advice on the application of public procurement law for local authorities

For awards below the EU threshold in accordance with VOB/A, the VOB office is the review body in accordance with Section 21 VOB/A.

• all documents necessary for the consultation

The responsibilities of the VOB office are regulated in the announcement of the Bavarian State Ministry of the Interior, Building and Transport on the responsibilities of the VOB offices at the governments dated October 11, 2017 (AllMBl. p. 455).

The VOB offices of the governments advise public awarding authorities (state building authorities, water management offices and municipal awarding authorities) and private grant recipients or private recipients of statutory services as awarding advisory offices, insofar as

• they are bound by the procurement regulations on the basis of the grant notices or legal provisions and
• the government has been assigned tasks by the department awarding the grant or providing the service and
• the awarding authority has specified the government as the reviewing body in accordance with Section 21 VOB/A in the contract notice.

This applies to questions relating to the award of construction works, supplies, services, concessions and freelance services.

The request for advice must be submitted to the VOB office. If a request for advice is made, contact can be made by telephone. However, it is often not possible to provide advice without further information and documents. It is therefore also advisable to send inquiries by e-mail. The following information is required:

• Specification of the award procedure and the construction measure or supply or service
• Name of the client (address, telephone, fax, e-mail)
• Name of the planning office (address, telephone, fax, e-mail)
• Specific question about the award procedure
• Naming of the funding bodies (if grants)

There is no statutory processing deadline; the average processing time depends on the individual case and can vary greatly, with incoming applications being processed according to urgency.