Public Contract Code Template for Germany

The Public Contract Code (Vergabeordnung) is Germany's core rulebook for government purchasing and public tenders. It sets clear standards for how public authorities must buy goods, hire contractors, or order services - making sure taxpayer money is spent fairly and efficiently.

These rules apply to all levels of German government, from local municipalities to federal agencies. The code ensures open competition, prevents corruption, and helps businesses compete fairly for public contracts. It's particularly important for construction projects, IT services, and other major public investments where transparency matters most.

Any German public agency needs to follow the Public Contract Code when purchasing goods or services above €1,000. This applies to everything from ordering office supplies to contracting major construction projects. The code becomes especially important for municipalities planning infrastructure work, schools buying equipment, or government departments seeking IT services.

Local authorities must consult the code before publishing tenders, evaluating bids, or awarding contracts. It's particularly crucial during budget planning seasons and when launching new public projects. Following these rules from the start prevents legal challenges, ensures fair competition, and protects public funds from misuse.

• Construction Procurement (VOB): Primary code for building projects and infrastructure works, covering tender processes and contract terms
• Supply and Services (VOL): Governs procurement of general goods and services for public agencies
• Freelance Services (VOF): Specific rules for hiring professional services like architects and engineers
• Sector-Specific Rules (SektVO): Special provisions for utilities, transport, and energy sectors
• EU-Threshold Procedures: Enhanced requirements for contracts above EU procurement thresholds, requiring EU-wide tender notices

• Public Authorities: Must follow the Public Contract Code when purchasing goods or services, including federal ministries, state agencies, and local governments
• Procurement Officers: Handle the day-to-day implementation of tender procedures and ensure compliance with code requirements
• Private Companies: Submit bids for public contracts and must understand tender rules to compete effectively
• Legal Advisors: Guide both public bodies and private firms through complex procurement processes
• Oversight Bodies: Monitor compliance and handle complaints about tender procedures, including procurement chambers and courts

• Project Scope: Define exact requirements, estimated contract value, and timeline for the procurement
• Legal Framework: Check if the contract falls under EU thresholds or specific German sector rules
• Technical Details: Gather precise specifications, quality standards, and delivery requirements
• Selection Criteria: Establish clear, objective evaluation metrics for bidder qualification
• Budget Confirmation: Secure necessary funding approvals and verify budget availability
• Documentation: Prepare standard forms, tender notices, and evaluation sheets using our platform's automated tools

• Tender Details: Clear description of goods or services required, including technical specifications and quality standards
• Eligibility Criteria: Minimum qualifications and requirements for bidders to participate
• Selection Process: Transparent evaluation criteria and scoring methodology
• Timeline Section: Key dates for submission, evaluation, and contract award
• Legal Framework: References to relevant German procurement laws and EU directives
• Compliance Terms: Anti-corruption clauses, data protection requirements, and environmental standards
• Dispute Resolution: Procedures for handling complaints and legal challenges

The Public Contract Code differs significantly from a Service Contract in several key aspects, though both involve procurement of services. While a Service Contract governs a specific relationship between two parties, the Public Contract Code sets broader rules for all government procurement processes.

• Scope of Application: Public Contract Code establishes rules for all public procurement, while Service Contracts detail specific arrangements between service providers and clients
• Legal Framework: Public Contract Code must comply with EU procurement directives and German public law, while Service Contracts follow general contract law
• Flexibility: Service Contracts can be freely negotiated between parties, while Public Contract Code procedures are strictly regulated and standardized
• Competition Requirements: Public Contract Code mandates open competition and transparent bidding, unlike Service Contracts which can be directly awarded