The steps
| Step | Content |
|---|---|
| Choice of route | depending on contract value and admissibility conditions |
| Publication | national or EU-wide, by threshold |
| Issue of tender documents | specification and contract conditions |
| Tender period | time for tenderers to work |
| Opening of tenders | at the appointed time |
| Checking and evaluation | arithmetic, technical and economic |
| Award | to the most economically advantageous tender |
Separating the suitability assessment from the evaluation of tenders is fundamental: suitability concerns the firm, evaluation concerns the tender. The two must not be mixed.
The procurement routes
The VOB/A recognises three routes for construction works. They differ in how far the field of tenderers is opened.
| Route | Feature |
|---|---|
| Open tendering | public invitation to an unlimited number of firms |
| Restricted tendering | a limited number invited, with or without a prior call for participation |
| Negotiated procedure | simplified procedure |
A direct award is added, under which work may be procured without conducting a procedure at all. Its value threshold was raised in 2026.
Open tendering is the default. The other routes are exceptions and permissible only where the VOB/A allows them, particularly below certain thresholds. The article on procurement routes and thresholds covers the conditions and the figures changed on 1 January 2026.
Two statutes pulled in opposite directions in 2026
The year 2026 brought two changes whose effects contradict one another. One removes form, the other adds substance.
| Act | In force since | Effect |
|---|---|---|
| The procurement acceleration act | 1 July 2026 | removes formal obstacles: higher thresholds for direct award, suitability initially by self-declaration, streamlined review |
| The collective wage compliance act | early 2026 | adds substantive requirements: on federal contracts above a certain value, compliance with collectively agreed wages is mandatory |
For tenderers that means less formal effort per tender alongside new substantive requirements. The article on the procurement acceleration act covers the changes in detail.
Assessing suitability
Suitability concerns the firm and not its tender. What is examined is its technical competence, its capacity and its reliability.
The procedure was simplified in 2026. A self-declaration generally suffices at the first stage, that is an informal statement that the suitability conditions are met. Full evidence is required only at award.
For smaller firms taking part in several procedures at once that is a tangible relief. The article on suitability and self-declaration covers the approach.
Evaluating tenders
Evaluation concerns the tender and proceeds in stages. First comes the formal and arithmetic check, then the technical, and finally the economic.
For the designer this step is a basic service and not an additional one. Checking and evaluating tenders, including a price comparison by individual item and comparison against the priced bills of quantities or the cost calculation, forms part of assisting with procurement.
The article on checking and evaluating tenders covers the procedure, and the article on work phases 6 and 7 the fee classification. Together they show what is owed in this phase and what must be agreed separately.
The award ends the procedure
The contract comes into being with the award. From that point the VOB/A no longer applies but the VOB/B does, where incorporated.
The transition is sharp: the rules on procurement end and the rules on performing the contract begin. The system is covered in the branch on the construction contract under VOB/B.
What matters for the cost side
Three aspects of the procedure act directly on cost. All three are decided before the tender documents go out.
| Aspect | Cost effect |
|---|---|
| Lotting | it determines the number of tenderers per lot and the coordination effort; larger lots reduce both, smaller lots increase both |
| The route | the narrower the field, the weaker the price pressure; that is the economic price of procedural simplification |
| The timing of cost control | before the documents go out, a deviation can still be corrected through alternative items, changed execution types or different lotting; after tenders are in, it cannot |
The third point concerns a basic service of the designer and is covered in the article on cost management. It also sets out which means of intervention remain open at which stage.
Related articles
This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.