Standard Standard of the month February 2017 2016-09
The primary reason for this revision of VOB/A (DIN 1960) was to implement Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement.
The key points of the implementation into national law include a structural reform of national procurement law above the EU threshold values. The procurement of supply contracts and services, including professional services, is now governed by the Vergabeverordnung (VgV) (German Ordinance on the Award of Public Contracts). This no longer functions as a “hingeˮ between the Gesetz gegen Wettbewerbsbeschränkungen (GWB) (German Act Against Restraints of Competition) and the procurement regulations. As a result, VOL/A Section 2 and the VOF will be dropped.
Special rules for the awarding of construction contracts will continue to be laid down by the Deutscher Vergabe- und Vertragsausschuss für Bauleistungen (DVA) (German Committee for construction contract procedures) in VOB/A.
Most of the changes made in this revision of VOB/A have been made in Section 2. Here the provisions of European procurement law have been implemented, where they are not governed by Part 4 of the GWB or the general provisions of the VgV. Provisions laid down in the GWB have been included where the DVA deemed this to be particularly important for users of this standard. This applies particularly to the reasons for exclusion as in §§ 123 ff. GWB and changes made to the contract throughout its duration as in § 132 GWB. Although the DVA would not be allowed to make other provisions in these cases, it was deemed appropriate that they be included in VOB/A due to their importance. The DVA focussed on harmonization with the provisions relating to the procurement of supply contracts and services laid down in the VgV. For example, the provisions regarding electronic tendering have been harmonized.
Translations of all parts of VOB 2016 have been published or are in preparation.