Bid Examination in Public Procurement Law

Bid examination is the formal and substantive review of submitted tenders by the contracting authority after the bid opening.

Definition: Bid examination is the structured review procedure to be conducted by the contracting authority after the opening of tenders, in which all submitted tenders are first examined for formal compliance and then for substantive plausibility and suitability before being admitted to the bid evaluation.

Last updated: January 2026 · Legal status: Directive 2014/24/EU, BVergG 2018, § 16 VgV/VOB/A

What is bid examination?

Bid examination is the indispensable step between bid opening and bid evaluation: only tenders that have successfully passed the examination may subsequently be evaluated and considered for contract award. The examination is always carried out in two consecutive stages – first formal, then substantive. If a tender fails at either stage, it must be excluded; including it in the evaluation would breach procurement law.

Bid examination serves to uphold the principle of equal treatment: tenders that do not meet the minimum requirements must not be considered to the detriment of bidders who have correctly complied with all stipulations.

Significance and Function

Bid examination is the contracting authority's central instrument for ensuring that only compliant, complete and economically plausible tenders enter the evaluation phase. It protects both the contracting authority from unsuitable tenders and the bidder community from distorted competition.

Stage 1: Formal Examination

The formal examination ensures that the tender meets all external requirements for proper submission. In particular, the following are reviewed:

Timeliness: Was the tender received before the bid submission deadline expired?
Completeness: Does the tender contain all required declarations, evidence and price details?
Formal compliance: Was the tender submitted in the prescribed form (e.g. electronically, with the required signature)?
Inadmissible amendments: Did the bidder unlawfully alter the procurement documents?

Tenders that fail to meet these formal requirements must be excluded from the procurement procedure. Within certain limits, the contracting authority may request missing documents (remedying defects), but only in respect of documents that are not price-relevant.

Stage 2: Substantive Examination

The substantive examination assesses whether the tender meets the technical requirements of the specifications and whether the prices and services offered are economically plausible. In particular, the following are reviewed:

Conformity with the specifications: Does the tender meet the technical and quality requirements?
Examination of price structure: Are the unit and total prices traceable and economically explainable?
Adequacy: Do the offered prices appear sufficient to perform the contract?

In-Depth Bid Examination for Abnormally Low Prices

If a bidder's prices appear abnormally low compared to the other tenders or the contracting authority's cost estimate, the contracting authority is obliged to conduct an in-depth bid examination. The bidder concerned is required to explain and justify the pricing in writing. If the prices cannot be plausibly explained, the tender must be excluded. The in-depth examination protects against dumping bids that may lead to quality losses or contractual disputes during the performance phase.

Legal Basis

Bid examination is regulated at all levels of procurement law.

EU: Art. 69 Directive 2014/24/EU (abnormally low tenders)
Austria: §§ 123 ff. BVergG 2018 (examination of tenders, in-depth bid examination)
Germany: § 16 VgV, § 16d VOB/A (examination and evaluation, abnormally low tenders)

Related Terms

FAQ

Must the contracting authority hear the bidder before exclusion? In the in-depth bid examination for abnormally low prices, the bidder must be invited to submit a statement. For formal defects, the duty to hear depends on the applicable national law and the nature of the defect.

Can calculation errors in a tender be corrected? Obvious calculation errors (e.g. incorrectly added unit prices) may be corrected within narrow limits. The unit price is generally the decisive basis. A far-reaching substantive adjustment of the tender, however, is not permitted.

How much time does the contracting authority have for bid examination? Procurement law does not prescribe a rigid deadline for bid examination. However, it must be concluded within a reasonable period, since the bidders' standstill period is running and excessive delay would prejudice their interests.

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