Alternative Items in Public Procurement Law 2026

Definition: Alternative items (Alternativpositionen) are line items in the bill of quantities of a tender that are offered in place of another item and where the contracting authority decides after the tender examination which of the alternatively offered works/services is actually ordered — i.e. an either/or decision between two defined options.

Last updated: January 2026 · Legal status: § 7 VOB/A; ÖNORM B 2061; BVergG 2018

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What are alternative items?

Alternative items enable the contracting authority to describe several technical execution options side by side for the same purpose and have them priced by the bidder, without committing at the time of tendering to a particular variant. They are a tool to give flexibility to the specifications and are common in works contracts where, at the time of tendering, it is not yet clear which technical solution (e.g. material type, execution method) will be implemented.

The contracting authority chooses after evaluation of tenders which alternative is to be ordered. Bidders must price all alternative items in full.

Distinction from related concepts

Alternative items must be distinguished from contingent, eventual and optional items.

Term	Description
Alternative item	Either/or: the contracting authority chooses between two defined variants after tender opening
Contingent / eventual item	Optional service: only ordered if actually required; pricing is mandatory, performance is optional
Optional item	Similar to alternative item; used synonymously in some procurement rules
Variant tender	Alternative to the specified works/services offered on the bidder's own initiative

Pricing and evaluation

Alternative items must be priced in full by all bidders; missing prices may lead to exclusion of the tender. When evaluating tenders, one of the alternatives is normally used for the comparison (the "main item"). Only after award does the contracting authority decide which alternative is actually executed.

Practical significance

For bidders, alternative items mean increased calculation effort, as they must fully cost all variants. For contracting authorities they offer planning flexibility, particularly in complex construction projects with technical details still to be resolved. Critics see in alternative items the risk of reduced comparability of tenders and potential distortions of competition.

FAQ

Do all alternative items have to be priced? Yes — as a rule, bidders must price all alternative items in full. A missing price may lead to exclusion of the tender.

Can the contracting authority switch between alternatives after award? No. Once an alternative has been chosen, it is binding. A subsequent switch would be an impermissible contract modification.

Are alternative items expressly regulated under EU procurement law? The EU procurement directives regulate variant tenders, not alternative items explicitly. These are governed primarily by national standards (VOB/A, ÖNORM).

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Last updated: January 2026 All information provided without warranty. For legally binding advice, consult a law firm specialising in public procurement law.