The three sections
| Section | Scope | Section marking |
|---|---|---|
| 1 | national procurement below the EU thresholds | § 7 |
| 2 | procurement at or above the EU thresholds | § 7 EU |
| 3 | defence and security procurement | § 7 VS |
The third column explains a peculiarity that causes confusion in citation. The same subject is governed in several sections, and the provisions carry the same number with a different marking.
Anyone citing a provision must therefore cite the section too. A reference to § 7 VOB/A without a marking denotes the national provision; the EU-wide one sits in § 7 EU.
Classification follows the estimated contract value. The article on above and below EU thresholds covers how it is established.
The internal arrangement
Within each section the VOB/A follows the course of a procurement procedure. The order of provisions reflects the chronology.
| Area | Content |
|---|---|
| Principles and procurement routes | scope, principles, routes, admissibility conditions |
| Lotting and participants | procurement by lot, suitability, evidence |
| Specification | general requirements, technical specifications, bill of quantities, performance programme |
| Tender documents | contract conditions, periods, penalties, security |
| Procedure | publication, tenders, opening, checking and evaluation |
| Conclusion | award, cancellation, informing tenderers |
Four areas bear on the cost side. They are the procurement routes with their thresholds, lotting, the specification, and the evaluation of tenders.
The relation to the law above it
The VOB/A does not stand alone. Above the EU thresholds it sits within a statutory framework.
| Instrument | Role above the thresholds |
|---|---|
| The act against restraints of competition | the fundamental procurement provisions above the thresholds, including legal protection |
| The procurement ordinance | implements the European procurement directives and declares section 2 of the VOB/A applicable to construction works |
| Section 2 of the VOB/A | the construction-specific procedural rules |
Below the thresholds this superstructure is absent. Section 1 of the VOB/A applies there, and its binding force follows from budget law and administrative rules of the federal and state governments. That is why the thresholds for individual procurement routes can differ considerably between the federal states.
What the procurement acceleration act changed
Since 1 July 2026 an act has been in force amending around 19 statutes and ordinances with some 110 provisions, regarded as the largest reform of German procurement law in years. It applies above the EU thresholds and leaves the below-threshold regime untouched.
It acts first on the statutory framework, not directly on the VOB/A. The responsible federal ministry has, however, announced that the new content will be carried into the VOB/A.
In practice this creates a transitional position: the statutory changes already apply while the adaptation of the VOB/A is pending. Anyone preparing a procedure therefore checks both levels. The article on the procurement acceleration act covers the changes in detail.
Thresholds within section 1
The most frequently needed provision of section 1 governs the admissibility conditions for the procurement routes. It was recast with effect from 1 January 2026.
The thresholds determine which route is permissible without particular justification. They were raised and harmonised on that date; the detail is covered in the article on procurement routes and thresholds.
Note that these figures reflect the federal framework. States and municipalities may set their own, in part higher, limits, and special rules may depart further.
What the VOB/A does not govern
Three areas lie outside the VOB/A and are nonetheless regularly attributed to it. The confusion leads to searching in the wrong instrument.
| Area | Where it is actually governed |
|---|---|
| Procurement of design services | architects' and engineers' services are services and fall not under the VOB/A |
| Contract content | what applies after award is governed by the VOB/B, where incorporated |
| Technical requirements and measurement | they sit in the VOB/C |
The first row matters economically because of the threshold: design services carry a considerably lower figure than construction works. The article on above and below EU thresholds covers the values.
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.