Bars on Participation in Procurement Law 2026

Bars on participation in procurement law: rules that prohibit biased persons on the contracting authority's side from participating in award decisions.

Definition: Bars on participation are procurement-law rules that prohibit natural persons on the contracting authority's side from participating in the preparation or conduct of a tender procedure if they are biased due to personal or economic interests, and if their participation would therefore jeopardise the impartiality of the award decision.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 24, BVergG 2018 § 21, GWB § 6 VgV

Purpose and function of bars on participation

Bars on participation safeguard the structural integrity of the tender procedure by keeping personally biased persons away from decision-making. The principle of impartiality and objectivity is a core principle of public procurement law. If a person involved in the procurement has economic or personal interests in a particular outcome, the neutrality of the decision is at risk – regardless of whether the person concerned actually acts in a partial way.

EU law expressly requires Member States to identify, prevent and eliminate conflicts of interest (Art. 24 Directive 2014/24/EU). Bars on participation are the sharpest instrument for this purpose.

Conditions

A bar on participation applies if a person involved in the procurement has a conflict of interest within the meaning of procurement law. Typical cases are:

Economic involvement: The person holds shares in a bidder undertaking or has an employment relationship with a bidder.
Family members: Close relatives of the person entrusted with the procurement work for or have an interest in a bidder.
Previous employment: The person worked for a bidder before their current role with the contracting authority and may therefore bring insider knowledge to bear.
Personal relationships: Close personal relationships with decision-makers at a bidder.

Consequences of breach

A breach of bars on participation can render the entire tender procedure unlawful and lead to the annulment of the award decision. In serious cases, a contract that has already been concluded can be declared null and void. In addition, the biased person faces disciplinary and criminal consequences, particularly in cases of intentional conduct (breach of trust, corruption).

The biased person is required to report the conflict of interest to the contracting authority without delay and to refrain from participating themselves. If they fail to do so, they act in breach of duty.

Distinction from third-party involvement

The bar on participation is addressed to persons on the contracting authority's side, while the issue of third-party involvement concerns external advisers and experts. Both concepts serve to protect competition and equal treatment, but operate at different points.

Related terms

FAQ

What must a biased person do? They must report the conflict of interest to the contracting authority without delay and refrain from any further participation in the procedure.

Do bars on participation also apply to external experts brought in by the contracting authority? Yes; externally engaged persons are also subject to a bar on participation if a conflict of interest exists.

Can a tender procedure be lawful despite a conflict of interest? Only if the conflict of interest is identified in good time, the biased person is replaced, and no adverse effects on the award decision can be established.

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