VOB: The Foundation for Construction Tenders
The VOB regulates procurement procedures, contract terms, and technical standards in construction. This guide explains the three parts of VOB and their practical significance for tenders.
What is VOB?
The Vergabe- und Vertragsordnung für Bauleistungen (VOB – German Construction Contract Procedures) is the central regulatory framework for construction tenders and contracts in Germany. It consists of three parts: VOB/A for procurement procedures, VOB/B for general contract terms, and VOB/C for technical contract terms. Public clients are required to apply VOB; private clients may agree to it.
Binding Regulations
Mandatory for public construction procurement, optional but widespread for private contracts.
Three Coordinated Parts
VOB/A, VOB/B, and VOB/C form a coherent system for construction procurement.
Regular Updates
VOB is continuously updated by the German Procurement and Contract Committee (DVA).
VOB/A: Procurement Procedures
Part A of VOB regulates the procurement procedure – from the tender through bid submission to contract award. Here you'll find rules on deadlines, eligibility checks, bid evaluation, and procurement principles. Understanding VOB/A is important for bidders to avoid formal errors.
Procurement Types
Open tender, restricted tender, negotiated procedure, and competitive dialogue.
Deadlines
Minimum deadlines for bid submission, award, and binding period are clearly defined.
Eligibility Check
Requirements for expertise, capability, and reliability of bidders.
Award Criteria
The most economically advantageous tender wins – price isn't the only factor.
VOB/B: Contract Terms
Part B contains general contract terms for the execution of construction work. Rights and obligations of both parties are regulated here: from execution through acceptance to defect liability. VOB/B creates a fair balance of interests between client and contractor.
Work Execution
Rules on execution deadlines, hindrances, changes, and variations.
Acceptance
Prerequisites, deadlines, and effects of accepting construction work.
Billing and Payment
Progress payments, final payment, and default regulations.
Defect Liability
Warranty periods, defect claims, and limitation periods.
VOB/C: Technical Standards
Part C comprises the General Technical Contract Terms (ATV) for various trades. The ATVs are published as DIN standards and define technical standards, billing rules, and quality requirements for construction work. They supplement the service description with industry-standard regulations.
DIN 18299
General rules for construction work that apply to all trades.
Trade-Specific Standards
DIN 18330 (Masonry), DIN 18331 (Concrete), DIN 18338 (Roofing) and many more.
Billing Rules
Standardized rules for quantity determination and billing.
Incidental and Special Services
What's included in the unit price, what must be separately compensated?
Important VOB Deadlines
VOB defines various deadlines whose compliance is crucial for tender success. Both for bid submission and later contract execution, binding time requirements apply.
Bid Deadline
At least 10 calendar days for national, 35 days for EU-wide tenders.
Binding Period
Usually 30 calendar days after submission – your bid is binding during this period.
Award Deadline
The client should award the contract within the binding period.
Warranty Period
Under VOB/B typically 4 years for buildings, 2 years for other services.
VOB Compliance in Tenders
Compliance with VOB requirements is mandatory for public tenders. Formal violations can lead to exclusion, content deviations to disadvantages in evaluation. Systematic checking of VOB requirements is part of every professional bid preparation.
Check Formal Requirements
Ensure completeness of documents, signatures, and required certificates.
Meet Deadlines
Timely submission – electronically transmitted bids must also arrive on time.
Alternative Bids
Check if allowed and what requirements apply to alternative bids.
Declare Subcontractors
When using subcontractors, they often must be named in the bid.
Frequently Asked Questions
Do I have to apply VOB as a private bidder?
▾
VOB is mandatory for public tenders. For private clients, it only applies if agreed in the contract. However, many private clients also use VOB because it contains proven regulations.
What happens if I violate VOB/A?
▾
Formal violations of VOB/A can lead to bid exclusion. Typical grounds for exclusion are: late submission, missing signatures, unauthorized changes to the bill of quantities, or missing required certificates.
How long is the warranty period under VOB/B?
▾
Under VOB/B § 13, the warranty period is 4 years for buildings, 2 years for other services. These periods begin with acceptance. In contrast, the German Civil Code (BGB) warranty period for buildings is 5 years.
What's the difference between incidental and special services?
▾
Incidental services under VOB/C are included in the unit price and don't require separate compensation. Special services, however, are only part of the contract if explicitly mentioned in the bill of quantities – they must then also be separately compensated.
Create Bids Aligned with VOB
Learn how BlackSwanAI supports your VOB-related tender work.
Start Free Analysis