Award by Lots in Public Procurement 2026

Definition: Award by lots refers to the separate award of the individual lots of a public contract divided into trade and partial lots, in which each lot is treated as an independent contract and awarded separately; it is the practical counterpart to division into lots and gives concrete shape to how the divided lots are placed on the market.

Last updated: January 2026 · Legal basis: Art. 46 Directive 2014/24/EU, § 97 (4) GWB, § 58 BVergG 2018

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What is award by lots?

Award by lots is the operational step after division into lots: once a contracting authority has decided to divide a contract into lots, those lots are tendered in a joint or separate procurement procedure and awarded separately. Each lot constitutes an independent contract with a potentially different contractor. This is the core of SME protection in public procurement law: small and medium-sized enterprises should be able to apply for individual lots without having to handle the overall contract.

Procedure of award by lots

Lots can be combined in a single contract notice or announced separately; application and evaluation take place on a lot-by-lot basis.

In practice, all lots of a tender are usually combined in a single contract notice. Bidders:

• Receive access to all lots
• Can apply for individual, several or all lots
• Submit a separate bid for each lot
• Are evaluated and notified separately for each lot

Combination bids (overall bids)

Contracting authorities can permit bidders to submit so-called combination bids (also called overall bids) that apply where they are awarded all or several specific lots.

Combination bids allow bidders to offer quantity rebates or synergies that could only be realised by multiple awards. The evaluation of combination bids requires appropriate consideration in the evaluation matrix and must be transparently set out in advance in the procurement documents.

Lot-wise evaluation and award

Each lot is evaluated separately according to the award criteria announced in advance; the award of one lot does not exclude the same bidder from other lots.

Example: Bidder A receives lots 1 and 3, bidder B receives lot 2 – each contracting-authority/bidder relationship is governed by a separate contract.

Lot-group restrictions

Contracting authorities can limit the maximum number of lots that a single bidder can be awarded in order to prevent excessive market concentration.

This option (Art. 46 (1) sub-paragraph 2 Directive 2014/24/EU) must be expressly stated in the contract notice. The contracting authority must also set out the procedure to be followed where combination bids would exceed the maximum (e.g. priority selection by the bidder or the most economically advantageous combination for the contracting authority).

Documentation obligations in award by lots

The contracting authority must take and document a separate award decision for each lot.

Procurement documentation for each lot includes:

• Examination of all bidders' suitability
• Formal examination of bids
• Examination of price appropriateness
• Evaluation against award criteria
• Justification of the award decision
• Notification to all bidders (award and rejection letters)

FAQ

Can a contracting authority cancel one lot without cancelling all other lots? Yes. Grounds for cancellation and revocation may be limited to individual lots where the ground for cancellation relates exclusively to that lot.

Must all lots have the same evaluation standard? No. Contracting authorities can set different award criteria and weightings for different lots, provided this is transparently communicated in advance in the procurement documents.

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