Award regulations for freelance services
|Title:||Award regulations for freelance services|
|Previous title:||Terms and Conditions for Freelance Services|
|Abbreviation:||VOF, VOF 2009|
|Scope:||Federal Republic of Germany|
|Legal matter:||Procurement law|
|Original version from:||May 12, 1997
( Federal Gazette No. 164a of September 3, 1997)
|Entry into force on:||November 1, 1997|
|Last revision from:||November 18, 2009
(Federal Gazette No. 185a of December 8, 2009)
|Entry into force of the
new version on:
|June 11, 2010|
|Please note the note on the applicable legal version.|
The procurement regulations for freelance services (VOF) governed the tendering and awarding of freelance services by public clients in Germany until April 18, 2016 . In addition to architectural or engineering services, this also includes services in the context of art in construction . It supplemented the procurement ordinance and, in its field, was the counterpart to the procurement and contract regulations for construction services (VOB) and procurement and contract regulations for services (VOL). It was only valid above the EU threshold.
From April 18, 2016, the new procurement ordinance (VgV) is to be applied for the award of contracts in the field of freelance services, in which the previous set of rules has been incorporated.
scope of application
According to § 1 VOF, the VOF was to be applied to public contracts that are performed in the context of a freelance activity or offered in competition with freelance workers and whose subject matter is a task whose solution cannot be clearly and exhaustively described in advance.
The prerequisite for the application of the VOF was that the order value estimated according to § 3 VgV exceeded the relevant EU threshold according to § 2 VgV. The EU threshold is currently 221,000 euros net or 80,000 euros net up to at least 20% of the total order value if the contract is awarded in lots.
Orders are awarded in a negotiation process or in a planning competition. The entire award procedure can be carried out in several successive phases. In the first step, suitable applicants are selected based on the published criteria. Planning competitions are usually held for demanding architectural and engineering tasks. Then the actual negotiation process is carried out, in which the specific contract conditions are negotiated with the selected applicants after competitions with the award winners. The client will award the contract to the bidder who can expect the best possible performance. Freelance services are awarded privately below the limit values, e.g. B. according to the guidelines for the execution of construction tasks of the federal government (RBBau).
- Müller-Wrede : Commentary on the VOF . 5th edition. Werner Verlag, Cologne 2014, ISBN 978-3-8041-4364-7 .
- Müller-Wrede : VOL and VOF 2009 , Bundesanzeiger Verlag Cologne, 2010, ISBN 978-3-89817-770-2 .
- Müller-Wrede : VOL and VOF 2006 , Bundesanzeiger Verlag Cologne, 2006, ISBN 3-89817-481-6 .
- Hermann Pünder , Martin Schellenberg (ed.): Procurement law. Hand comment. Nomos, Baden-Baden 2011, ISBN 978-3-8329-2681-6 .
- Reinhard Voppel, Wolf Osenbrück, Christoph Bubert: VOF. Award regulations for freelance services. Comment . 3. Edition. CH Beck, Munich 2012, ISBN 978-3-406-61254-1 .
- Rudolf Weyand: Procurement Law. Practical comment on GWB, VgV, SektVO, VOB / A, VOL / A, VOF . 3. Edition. Munich 2011, ISBN 978-3-406-57874-8 .
- Announcement of the procurement regulations for freelance services - VOF 2009 edition of November 18, 2009, BAnz No. 185a of December 8, 2010 (PDF file; 519 kB)
- law: laws and ordinances. In: www.vergabe24.de. Retrieved August 4, 2016 .