Procurement procedures for construction services; performance of inspections

The so-called VOB offices act as review bodies for award procedures for construction services that are not subject to EU law in certain cases.

Description

The VOB offices (VOB = Vergabe- und Vertragsordnung für Bauleistungen) are located at the governments and are available to bidders and applicants as a review body for the tendering and awarding of construction work that must be awarded by public contracting authorities as well as private grant recipients in accordance with the Vergabe- und Vertragsordnung für Bauleistungen - Teil A (VOB/A) below the EU threshold value.

Jurisdiction is not based on the location of the company making the complaint, but rather on the location of the construction measure in the case of municipal measures and subsidy measures, and on the location of the awarding authority in the case of state measures.

Prerequisites

The VOB offices of the governments act as review bodies for award procedures for construction services that are not subject to EU law in the following cases:

  • As superior authorities, the governments are review bodies pursuant to Section 21 VOB/A with authority to issue instructions to the subordinate authorities, which in the area of state construction administration are the State Construction Offices (state measures with measures of the castles and lakes administration) and in the area of environmental administration are the water management offices.
  • On the basis of direct or indirect legal supervision, the governments are review bodies pursuant to Section 21 VOB/A for the municipal contracting authorities - with the exception of districts - insofar as these are bound by the procurement regulations or apply them voluntarily.
  • Governments are review bodies pursuant to Section 21 VOB/A insofar as private grant recipients or private recipients of statutory services are bound by the procurement regulations on the basis of the grant award notices or statutory provisions and the government has been assigned tasks by the granting or service-providing department and the contracting authority has specified the government as review body pursuant to Section 21 VOB/A in the notice. Insofar as grant measures are concerned in which the Federal Government is involved as the grantor, the Bavarian State Construction Directorate is the review body pursuant to Section 21 VOB/A.

In all other cases, the respective supervisory authority is the review body pursuant to Section 21 VOB/A. These can avail themselves of the technical support of the VOB office, but remain responsible for the final decision.

Procedure

If the above requirements are met, the application for review must be submitted to the VOB office. Review procedures can only be requested by e-mail, fax or letter. The following information is required:

  • Designation of the award procedure and the construction measure
  • Designation of the complainant (address, telephone, fax, e-mail)
  • Designation of the client (address, telephone, fax, e-mail)
  • Designation of the planning office (address, telephone, fax, e-mail)
  • Description of the alleged infringement with statement of facts
  • Naming of the sponsors (if grants)

Special notes

An applicant for review proceedings may only be an enterprise which has an interest in the public contract or concession and claims infringement of its rights due to non-compliance with the procurement rules, or its respective association.

Deadlines

A review procedure is only possible until the conclusion of the award procedure, which takes place through the award or cancellation. The reversal of concluded contracts cannot be ordered in the sub-threshold area.

Processing time

There is no statutory processing time limit; the processing time depends on the individual case and can vary greatly, with incoming applications being processed according to urgency.

Required documents

  • all documents necessary for the assessment of a breach of contract

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (ohne Unterschrift)
    Please note

    This form requires no signature. You can sent it electronically (e.g. by secure email or De-Mail) or as hardcopy to the responsible authority.

Status: 08.03.2022

Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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