Amended Tender in Public Procurement Law
Amended tender: a tender that deviates from the tender conditions. Inadmissible in principle unless expressly allowed. § 105 et seq. BVergG 2018.
Definition: An amended tender (Abänderungsangebot) is a tender whose content deviates from the conditions laid down in the contract notice, and which under Austrian procurement law is inadmissible in principle unless the contracting authority has expressly permitted such tenders in the procurement documents.
Last updated: January 2026 · Legal status: §§ 105 et seq. BVergG 2018
What is an amended tender?
An amended tender exists where an economic operator submits a tender that deviates from the works, conditions or specifications required in the contract notice — for example through modified technical solutions, different materials or altered contract conditions.
The amended tender must be distinguished from two related tender forms: a variant tender (Nebenangebot) is a supplementary alternative offered alongside the main tender, which remains in place. An alternative tender (Alternativangebot, in Austria also called "Variantenangebot") proposes a fundamentally different solution. By contrast, the amended tender modifies the tender conditions themselves rather than offering a supplementary or alternative solution.
The concept is anchored in Austrian procurement law and does not have a fully equivalent counterpart in German procurement terminology.
Significance and function
The general prohibition of amended tenders protects the comparability of tenders and the integrity of the competition: if bidders could deviate from the tender conditions at will, the tenders would no longer be comparable.
The tender conditions define the subject matter of the contract and form the common basis on which all bidders prepare their tenders. Deviations from these conditions would make a fair comparison impossible and distort the competition.
By way of exception, the contracting authority may expressly permit amended tenders where this is provided for in the contract notice. In that case it must also set minimum requirements that an amended tender has to meet in order to be admissible to evaluation. Where no such express authorisation exists, an amended tender must be excluded.
Consequence of an inadmissible amended tender: the tender is excluded as non-compliant with the procurement documents and must not be evaluated.
Legal basis
Amended tenders are governed by §§ 105 et seq. BVergG 2018; their admissibility depends on the contracting authority expressly permitting them in the contract notice.
§ 105 BVergG 2018 governs the admissibility of variant tenders and amended tenders. The contracting authority must specify in the contract notice whether and under what conditions such tenders are admitted. Without express authorisation, deviating tenders must be excluded.
At EU level, Art. 45 of Directive 2014/24/EU governs variants and likewise requires express authorisation by the contracting authority. There is no standalone EU rule on the "amended tender" as an Austrian specificity.
Distinction from related tender forms
| Feature | Amended tender | Variant tender | Alternative tender |
|---|---|---|---|
| Reference point | Deviation from tender conditions | Supplement to main tender | Alternative solution variant |
| Main tender | Not mandatory | Must be submitted in addition | Not required |
| Admissibility | Only on express authorisation | Only on express authorisation | Only on express authorisation |
| Legal basis (AT) | §§ 105 et seq. BVergG 2018 | §§ 105 et seq. BVergG 2018 | § 106 BVergG 2018 |
Related terms
- Alternative Tender
- Variant Tender
- Tender
- Call for Tenders
- Tender Examination
- Bill of Quantities
- Award Decision
- Bidder
- Procurement Procedure
- Review Proceedings
FAQ
When is an amended tender admissible? An amended tender is only admissible where the contracting authority has expressly permitted it in the contract notice. Without such authorisation, the amended tender must be excluded, even if it would be substantively convincing.
What happens to an inadmissibly submitted amended tender? An amended tender submitted without express authorisation by the contracting authority must be excluded. It may not be included in the tender evaluation. The bidder may however maintain a compliant main tender submitted at the same time.
How does an amended tender differ from a variant tender? With a variant tender, the bidder submits an alternative solution in addition to a compliant main tender. The main tender is preserved. With an amended tender, the tender itself is modified so as to deviate from the tender conditions, without necessarily including a separate compliant main tender.
Last updated: January 2026 All information provided without warranty. For legally binding advice, consult a law firm specialising in public procurement law.
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