VOB / A
|
DIN 1960 |
|---|---|
| Area | Construction |
| title | VOB procurement and contract regulations for construction works - Part A: General provisions for the procurement of construction works |
| Latest edition | 2016-09 |
| ISO | - |
The VOB / A , full title VOB procurement and contract regulations for construction works - Part A: General provisions for the procurement of construction works , are traditionally developed and continuously updated by client and contractor associations that regulate the award of construction works in Germany. They are published as a DIN standard in 1960. In Germany, the VOB / A is mandatory for public sector and sector contracting awards. Other clients often orient themselves towards the regulations of VOB / A.
The VOB / A is one of three parts of the procurement and contract regulations for building services (VOB) (formerly: contracting regulations for building services). The VOB was created in 1926 and is today continuously adapted to current conditions by the German Award and Contract Committee for Construction Services (DVA).
content
A distinction must be made between awards above and below the threshold values, for which different procedural rules apply.
From the threshold values, the rules of the Government Procurement Agreement (GPA) apply in the form in which they have been adopted into German law.
The “Government Procurement Agreement” is an agreement between the European Union and 13 other members of the World Trade Organization ( Canada , Hong Kong- China, Iceland , Israel , Japan , Korea , Liechtenstein and the Netherlands Caribbean island Aruba , Norway , Singapore , Switzerland , Taiwan , USA ) on the non-discriminatory, transparent and constitutional award of public contracts.
This agreement is the contract amount, above which the rules apply - the so-called thresholds - in "Special Drawing Rights" (SDR) - in German: Special Drawing Rights (SDRs) - committed, for example, 200,000 SDRs for delivery services and 5,000,000 SDR for construction work. This also regulates the deadlines for processing offers, the modalities for the publication of tenders and the exclusion of bidders for corruption, money laundering or support for a terrorist organization. In contrast to the opinion at the time in the German-speaking countries, according to which the bidders had no legal claim to an error-free award procedure, the bidders had the right to bring an action before an independent court to ensure compliance with the award rules.
In accordance with the obligations assumed in the Government Procurement Agreement to standardize procurement procedures, the European Union has issued guidelines to its member states on how they must adapt their national procurement procedures to the new rules. Bidders from all GPA states are allowed to take part in the tendering process and their offers must be evaluated in a non-discriminatory manner.
The equivalent of the threshold values in the European currencies euros, pounds sterling, kroner etc. is recalculated and published every 2 years by the EU in accordance with exchange rate fluctuations. (see Article 78 of EU Directive 2004/18 / EC). The last adjustment was made by Regulation No. 2170/2015 of November 24, 2015 and has been in force since January 1, 2016. Since Section 2 of the Procurement Ordinance refers directly to the values of the (adapted) guidelines, these threshold values are thus directly applicable in German law. The threshold for construction work is now € 5,548,000.
In Germany, these rules for public clients are incorporated into the a paragraph of Section 2 of VOB / A for construction work. Regulations that require a law or an ordinance under German law are regulated in Part 4 of the Act against Restraints of Competition (GWB) or the Public Procurement Ordinance (VgV).
In the case of procurement procedures below the threshold values - which make up around 90% of all contracts awarded - only national law applies. The budget law of the federal government and the federal states and administrative regulations that prescribe the application of the VOB / A (basic paragraphs) are decisive for the award . The formal legal protection according to the GWB does not exist, however, technical or legal supervisory authorities can be called on to act as review bodies.
Bidders from the entire “European Economic Area” (EEA), which includes the 27 member countries of the European Union, Iceland, Norway and Liechtenstein. Switzerland is involved in a separate agreement. The legal basis for this results from the Unification Treaty to the European Economic Community, the Agreement to the (EEA) and the separate agreement with Switzerland.
Award types
The types of award are mentioned in §§ 3 and 3a of the VOB / A. They are:
The public invitation to tender - once the threshold values have been reached, called an open procedure . Here, construction works are awarded in the prescribed procedure after a public request to an unlimited number of companies to submit offers.
It must take place unless the nature of the service or special circumstances justify a deviation.
The restricted invitation to tender - called restricted procedure once the threshold values have been reached . Here, construction works are awarded in the prescribed procedure after a limited number of companies are invited to submit offers, if necessary after a public invitation to submit requests to participate (restricted invitation to tender after public participation competition).
The restricted invitation to tender can take place
1. up to the following contract value of the construction work without sales tax:
a) 50,000 euros for finishing trades (excluding energy and building technology), landscaping and road equipment,
b) 150,000 euros for civil engineering, traffic routes and civil engineering,
c) 100,000 euros for all other trades,
2. if a public invitation to tender has not had an economic result,
3. if the public invitation to tender is inappropriate for other reasons (e.g. urgency, confidentiality).
4. Restricted invitation to tender after a public participation competition is permitted,
a. if the service can only be carried out in a suitable manner by a limited group of companies, especially if exceptional reliability or efficiency (e.g. experience, technical facilities or skilled workers) is required,
b. if the processing of the offer requires an exceptionally high effort due to the nature of the service.
The direct award - called negotiated procedure once the threshold values have been reached - is permitted if the public invitation to tender or restricted invitation to tender is inexpedient, in particular:
- if for special reasons (e.g. patent protection, special experience or equipment) only a certain company can be considered,
- if the service is particularly urgent,
- if the type and scope of the service cannot be so clearly and exhaustively determined prior to the award that sufficiently comparable offers can be expected,
- if, after the cancellation of a public invitation to tender or a restricted invitation to tender, a renewed invitation to tender does not promise an acceptable result,
- if it is necessary for reasons of confidentiality,
- when a small service cannot be separated from a larger service without disadvantage.
Direct award can also be made up to an order value of 10,000 euros without sales tax.
Section 3a also knows the competitive dialogue . A competitive dialogue is a procedure for awarding particularly complex orders. This process involves an invitation to participate and then negotiations with selected companies on all the details of the contract. For more details, see Section 3a of VOB / A.
New version 2009
The new version of VOB / A was decided by the DVA ( German procurement and contract committee for construction services ) in May 2009. After the amendment to the Public Procurement Ordinance (VgV) came into force on June 11, 2010, the German federal authorities apply it from this date.
In the new version of 2009, the VOB / A provides for the first time nationwide uniform value limits for restricted and direct awards. In addition, it is intended to make it easier for bidders to provide evidence of suitability by making an entry in the prequalification list. Such a list is kept by the Association for the Prequalification of Construction Companies and can be called up by the client directly on the Internet. For example, it should also be possible in future to request missing explanations for offers at short notice, so that in these cases it would no longer be necessary to exclude the offer.
New version 2012
Another new version of Sections 2 and 3 of VOB / A was published in the Federal Gazette on December 2, 2011 . These have been applicable since July 19, 2012 when awarding construction works.
New version 2016
The new version of VOB / A, which came into force on April 18, 2016, serves to implement Directive 2014/24 / EU of the European Parliament and of the Council of February 26, 2014 on public procurement. Together with Directive 2014/23 / EU (award of concessions) and Directive 2014/25 / EU (sector contracting authority), they represent a comprehensive revision of European procurement law.
literature
- VOB Complete Edition 2016, Beuth Verlag, ISBN 978-3-410-61293-3
- Hans-Peter Kulartz / Fridhelm Marx / Norbert Portz / Hans-Joachim Prieß (eds.): Commentary on VOB / A , 2nd edition 2014, Werner Verlag, ISBN 978-3-8041-2295-6
- Rudolf Weyand: Procurement Law. Practical commentary on GWB, VgV, SektVO, VOB / A, VOLA / A, VOF , 3rd edition, Munich 2011, Verlag CH Beck, ISBN 978-3-406-57874-8
- Ingenstau, Korbion : VOB comment. Parts A and B. 18th edition 2013, Werner, ISBN 978-3-8041-2157-7
Web links
Individual evidence
- ↑ WTO Government Procurement Agreement (GPA) on wto.org
- ↑ Directive 2004/17 / EG water, energy, traffic and Postal Policy
- ↑ Directive 2004/18 / EG Bau-, Liefer- u. Services Directive
- ↑ Commission Delegated Regulation (EU) 2015/2170 of November 24, 2015 amending Directive 2014/24 / EU of the European Parliament and of the Council with regard to the thresholds for procurement procedures , accessed on January 24, 2017
- ↑ Law against Restraints of Competition (GWB)
- ↑ Procurement Ordinance (VgV)
- ^ Prequalification Association for Construction Companies
- ↑ Sixth ordinance amending the ordinance on the award of public contracts ( BGBl. 2012 I p. 1508 )
- ↑ BAnz AT 01/19/2016 B3
