The Federal Ministry of the Interior, for Building and Homeland Affairs (BMI) has announced the regulations on issues relating to building contracts to its subordinate department.
In the current situation, the Federal Ministry of Economics and Energy (BMWi) is of the opinion that the prerequisites for urgent awards of contracts for the purchase of services that serve to contain and manage the corona epidemic in the short term and/or to maintain the public administration's service operations are given in both the upper and lower threshold areas.
In practice, service specifications often contain errors at the tendering and bidding stage.
Every year, the public sector awards contracts worth hundreds of billions of euros to private companies.
The working group for the standardisation of public procurement law has decided that the German Construction Contract Procedures, Part A (VOB/A) will remain in force. The VDMA had campaigned for its preservation. The VDMA therefore expressly welcomes this development.
In its judgment of 17 September 2019 (Case No. X ZR 124/18), the Federal Supreme Court ruled that a company which, in an award procedure, did not make a breach of contract the subject of a review procedure before the Public Procurement Chamber by means of a complaint or withdrew a complaint, was not prevented from subsequently claiming damages before the civil courts.
From 01.01.2020, lower EU thresholds will apply to the award of public contracts and concessions.
In its ruling of 18 June 2019 (Case No. X ZR 86/17), the Federal Supreme Court contained the risk of an exclusion of an offer due to the inclusion of its own General Terms and Conditions (AGB).
The revised sections 2 and 3 of the VOB/A 2019, i.e. the VOB/A-EU and the VOB/A-VS of the Construction Contract Procedures (VOB) have now entered into force.
Sections 1 to 3 of the Public Procurement and Contract Regulations for Construction Services Part A (VOB/A) drawn up by the German Public Procurement and Contract Committee for Construction Services (DVA) were published in the Federal Gazette on 19.02.2019 (BAnz AT 19.02.2019 B2). However, they are not yet applicable by the contracting authorities.
RA Dr. Christian Hess
RA Dr. Christian Hess
Legal Counsel (Syndikusrechtsanwalt)

Labour Law, Digitization, Data Protection Law, Public Procurement Law, Product Liability Law
+49 69 6603-1268
+49 69 6603-2268