On January 1, 2026, the new VOB/A thresholds took effect in Germany. The changes affect § 3a VOB/A and significantly simplify procurement below EU thresholds. This article provides a compact overview of the key changes — without claiming to be legal advice. For binding information, consult a procurement law specialist.
The New Thresholds at a Glance
The key changes: Direct awards (Direktauftrag) are now possible up to EUR 50,000 (net, excluding VAT) — previously the limit was much lower. Negotiated procedures (Freihändige Vergabe) have been raised to EUR 100,000 (previously around EUR 10,000 for many trades). Restricted tenders (Beschränkte Ausschreibung) now apply uniformly up to EUR 150,000. Above this threshold, open tenders remain the standard. Important: These values apply to construction procurement below EU thresholds. EU-wide procurement follows its own rules.
What Does This Mean for Bidders?
For companies bidding on public contracts, two things change. First: Smaller contracts will more frequently be awarded directly, without public tender. This means networks and existing relationships with contracting authorities become more important. Second: The range between EUR 50,000 and EUR 150,000 becomes more dynamic. Contracting authorities have more discretion in choosing the procedure. Companies active in this range should optimize their processes for quick bid submissions.
Elimination of Trade-Specific Differentiation
An often-overlooked change: the previous differentiation by trade type for threshold values has been eliminated. Different trades used to have different thresholds. Now the new limits apply uniformly to all construction services. This simplifies procurement practice considerably — for both contracting authorities and bidders.
Impact on Tender Volume
Higher thresholds for direct awards and negotiated procedures mean fewer contracts will be publicly tendered. At the same time, total public construction investment is rising massively in 2026 — the Infrastructure Special Fund alone comprises EUR 129 billion. The net effect: The number of public tenders above EUR 150,000 should remain stable or increase. Companies previously active mainly below EUR 100,000 should review their strategy.
Practical Tips for 2026
What can construction companies do now? Take stock: Check what share of your contracts falls into the affected value ranges. Strengthen networks: For direct awards and negotiated procedures, direct contact with contracting authorities matters. Optimize speed: Shorter procurement procedures mean shorter bid deadlines. Companies that can analyze and calculate faster have an advantage. Shift focus: If smaller contracts are increasingly awarded directly, it makes sense to redirect capacity toward larger, publicly tendered projects.
Conclusion
The VOB/A 2026 reform simplifies procurement below EU thresholds. For bidders this means: maintain networks, speed up processes, and focus on the right contract sizes. This article is for general orientation — for specific procurement questions, consult a specialist lawyer.