Bid Examination and Evaluation in Public Procurement Law 2026

Bid examination and evaluation: the full process from bid opening to award decision – phases, methods and legal requirements.

Definition: Bid examination and evaluation refers to the entire process after expiry of the bid submission deadline, in which the public contracting authority first examines the formal and substantive admissibility of the bids (examination) and then evaluates the admitted bids against the previously published award criteria and determines the most economically advantageous bid (evaluation).

Last updated: January 2026 · Legal basis: §§ 56–58 VgV, §§ 16–16d VOB/A, §§ 42–55 UVgO, Art. 67–69 Directive 2014/24/EU, BVergG 2018

Overview of the overall process

Bid examination and evaluation are the central phases of the procurement procedure in which the contractor is determined from the multitude of bids – they must be strictly separated and conducted in the correct order. The evaluation may only begin after the examination phase is complete; premature evaluation of excluded bids is not permissible. Both phases must be fully documented.

Phase 1: Bid opening

With the expiry of the bid submission deadline, the contracting authority opens the bids received; in the above-threshold area, this takes place in a formal procedure. For paper bids, an opening protocol is prepared; for electronic bids, the system automatically opens the encrypted files after expiry of the deadline. Premature opening is not permitted.

Phase 2: Formal examination

In the formal examination, all bids are examined for their outward completeness and formal correctness. The following is examined:

Timeliness of receipt
Completeness of documents
Compliance with formal requirements
Signature

Formally incomplete bids can, under narrow conditions, be cured by subsequent requests for documents; in the case of material defects, exclusion is mandatory.

Phase 3: Substantive examination (exclusion check)

The substantive examination assesses whether the bid meets the requirements of the specification, contains no impermissible modifications and all price information is complete. A bid must be excluded if it:

contains material modifications to the contracting authority's requirements
contains incomplete prices
contains conditions not set by the contracting authority (impermissible reservations)
is based on an unlawful agreement

Phase 4: Suitability examination

The suitability examination assesses whether the bidder, as an undertaking, meets the personal, technical and economic prerequisites for performance of the contract. The examination follows the suitability requirements set out in the contract notice. If suitability is absent or mandatory or optional grounds for exclusion exist, the bid is excluded.

Phase 5: Bid evaluation

In the evaluation phase, the remaining bids that are formally and substantively admissible are evaluated against the predefined award criteria and the most economically advantageous bid is determined. The evaluation method and the weighting of criteria were already published in the procurement documents and may no longer be changed. Common evaluation methods are:

Method	Description
Lowest price principle	Award to the cheapest bid
Price-performance evaluation	Weighted overall evaluation of price and quality criteria
Utility analysis	Scoring system with points awarded per criterion
Life-cycle cost evaluation	Total cost view over the useful life

Phase 6: Clarification

During examination and evaluation, the contracting authority may ask bidders for clarification of their bids – in particular for abnormally low prices or unclear statements. Clarification must not, however, lead to substantive changes to the bid and must be documented in writing.

Award decision and notification obligation

After completion of the evaluation, the contracting authority makes the award decision and informs all bidders, pursuant to § 134 GWB, of the intended award (notification letter). Only after expiry of the standstill period of 15 days may the contract be concluded. The notification letter gives bidders the opportunity to apply for review.

Documentation

Examination and evaluation must be fully and traceably documented in the procurement file. The documentation must enable a knowledgeable third party to understand the decisions of the contracting authority. Gaps in documentation may be interpreted to the contracting authority's disadvantage in review proceedings.

FAQ

May the order of examination and evaluation be changed? No. The examination must take place before the evaluation; simultaneous or reversed processing is not permitted.

Can a contracting authority exclude a bid without reasons? No. Every exclusion must be reasoned and documented. Unreasoned exclusions are in breach of procurement law.

What happens in the event of a tie after evaluation? The contracting authority must have set out a criterion in the procurement documents for cases of equivalence (e.g. drawing of lots, specific sub-criterion). In the absence of a rule, the contracting authority has discretion.

May award criteria be changed after bid opening? No. The award criteria and their weighting are binding after publication and may no longer be changed.

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