Admission of Variants in Procurement Law 2026

Admission of variants: Decision of the contracting authority whether bidders may submit alternative solution proposals in addition to the main offer.

Definition: The admission of variants refers to the express decision of a public contracting authority in the procurement documents whether bidders may submit, in addition to the main offer (lead offer), alternative technical or economic solution proposals that deviate from the technical specifications.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 45, BVergG 2018 § 106, VgV § 35

What does admission of variants mean?

The admission of variants opens up the possibility for bidders to offer the contracting authority alternative solutions that deviate from the design specified in the technical specifications but fulfil the same or an equivalent purpose. It is an important instrument for bringing innovations and economically more favourable alternatives into the competition.

Without express admission by the contracting authority, variants are impermissible and must not be taken into account in the evaluation. The decision on admission must be clearly stated in the contract notice and in the procurement documents.

Distinction: variant vs. main offer (lead offer)

The main offer (lead offer) corresponds exactly to the tendered service; the variant offers a technically or economically deviating alternative.

A bidder can (and generally must) submit a main offer that complies with the technical specifications and may additionally submit variants. In some procurement documents, the submission of a main offer is a condition for the consideration of a variant.

Legal bases

Art. 45 of Directive 2014/24/EU regulates the admission of variants and obliges contracting authorities to take an explicit decision in the notice.

Contracting authorities must indicate in the contract notice whether variants are admitted or not. If no statement is made, at EU level variants are deemed not to be admitted.

If variants are admitted, minimum requirements for permissible variants must be specified. Only variants that meet these minimum requirements are to be evaluated.

In Austria, § 106 BVergG 2018 regulates the requirements for variants. In Germany, § 35 VgV contains corresponding rules.

Evaluation of variants

Variants are evaluated against the same award criteria as main offers, unless the procurement documents stipulate otherwise.

Contracting authorities must ensure that the chosen award criteria allow a fair assessment of alternative solutions. Purely price-oriented award criteria can disadvantage variants if technical advantages are not reflected.

Practical significance

The admission of variants promotes innovation and can lead to more economical solutions for the public sector – but requires increased evaluation effort.

For bidders, variants offer the chance to bring in competitive advantages through innovative solutions. Contracting authorities should consider admission especially when the service cannot be specified conclusively or when innovation is to be expressly promoted.

FAQ

Must a bidder always submit a main offer if it makes a variant? That depends on the procurement documents. Generally, a main offer is required; some contracting authorities also permit "pure" variants.

Can variants propose cheaper materials or processes? Yes, provided they meet the contracting authority's minimum requirements. Variants can represent technical, economic or organisational alternatives.

What happens if variants are not expressly admitted? They must not be taken into account. Incoming variants are excluded as non-evaluable.

Last updated: January 2026 All information without guarantee. For legally binding advice, please contact a law firm specialising in procurement law.