Section 3: Tender Regulations in the Realm of Application of Directive 2009/81/EG (VOB/A – VS) (§§ 1 VS – 22 VS)

Abstract

(1) Construction contracts are contracts on implementation or simultaneous planning and implementation 1. a construction project or a structure for the contracting authority that a) is the result of building or civil engineering, and b) is to fulfil an economic or technical function, or 2. a direct economically beneficial construction service by third parties in accordance with the requirements set by the contracting authority. In the field of defence and security, the object of construction contracts is construction services that in all phases of their lifecycle are directly related to the equipment referred to in § 104 Paragraph 1 of the Restrictions on Competition, as are construction services especially for a military purpose or construction services in the context of a classified contract. Construction services in the context of a classified contract are construction services in the performance of which classified information is used in accordance with § 4 of the Law on conditions and procedure of security checks of the national government or that require or contain such information. (2) 1. The conditions of this section shall be applied by contracting authorities in the sense of § 99 GWB and sectoral contracting authorities in the sense of § 100 GWB for construction contracts in which the estimated total contract value of the building measures or the structure (all construction contracts for a physical structure) equal at least the threshold value in accordance with § 106 Paragraph 2 Point 3 GWB. 2. The estimate of contract value is based on § 3 of the Regulation on the Award of Defence and Security Contracts (VSVgV). (3) If, in a construction contract, part of the work is related to defence or security, the provisions of § 111 GWB apply.