Bid Opening in Public Procurement Law

Bid opening (submission) is the formal opening of submitted tenders by the contracting authority after the bid submission deadline has expired.

Definition: Bid opening, also referred to as submission, is the formal act by which the contracting authority opens the submitted tenders after the bid submission deadline has expired, records their content, and thereby moves the procurement procedure into the phase of bid examination and evaluation.

Last updated: January 2026 · Legal status: Directive 2014/24/EU, BVergG 2018, § 14 VgV/VOB/A

What is bid opening?

Bid opening marks the transition from the passive collection of tenders to the contracting authority's active engagement with their content – making it a pivotal moment in the procurement procedure. Until this point, all received tenders must be kept under seal; no unauthorised person may gain knowledge of the content of a tender before opening. This confidentiality protects competition and prevents bidders from adjusting their offers in light of knowledge about competing bids.

Bid opening takes place immediately after the bid submission deadline expires and is documented in a record. There are significant differences between German and Austrian procurement law regarding the public nature of this procedure.

Significance and Function

Bid opening fulfils an essential transparency and control function: it creates the official, documented starting point for all further examination and evaluation steps. The opening record provides immutable evidence of the tenders submitted at the time of opening and their key data (e.g. bidder names, total prices). This serves the traceability of the entire procurement procedure and enables subsequent oversight by procurement authorities or courts.

Austria: Public Submission with Mandatory Record-Keeping

In Austria, bid opening for construction contracts is traditionally a public event, referred to as "Submission", which bidders may attend in person. In a public submission, the tenders are opened in the presence of the bidders who appear, and the essential details – particularly the names of the bidders and the bid prices – are read out aloud and recorded. The contracting authority is required to keep an opening record that must be made accessible to all bidders on request. This transparency enables bidders to verify immediately whether their tenders have been correctly recorded.

For supply and service contracts, as well as for electronic submissions, different rules apply in Austria that do not always provide for a fully public opening.

Germany: Non-Public Bid Opening

In Germany, bid opening is not public; bidders have no right to attend the opening. The opening is conducted internally by the contracting authority and recorded in a protocol. Bidders are informed of the results only after the bid examination and evaluation have been concluded. This rule is intended to safeguard the confidentiality of the procedure and to protect the contracting authority from improper external influence.

Electronic Bid Opening

With the increasing digitalisation of public procurement, bid opening is now frequently carried out electronically. Tenders are submitted via procurement platforms and are automatically released at the opening time. The record-keeping obligation also applies to electronic opening.

Legal Basis

Bid opening is governed by both EU law and national procurement law.

EU: Art. 22, 53 Directive 2014/24/EU (electronic communication, confidentiality)
Austria: §§ 118 ff. BVergG 2018 (opening of tenders, record-keeping obligation)
Germany: § 14 VgV, § 14 VOB/A (opening of tenders)

Related Terms

FAQ

Are bidders always entitled to attend the bid opening in Austria? For the classical submission (particularly construction contracts), the opening in Austria is generally public. For electronic procedures and certain contract types, attendance may be restricted. Bidders should check the procurement documents for relevant notices.

What is included in the opening record? The opening record typically contains: the date and time of opening, the names of all bidders, the total prices of the tenders, any grounds for exclusion, and the names of the persons present. It is an important document for the subsequent traceability of the procedure.

What happens to tenders identified as late after opening? Tenders that are demonstrably received after the bid submission deadline must not be opened. They must be returned unopened or held in safekeeping and excluded from the procurement procedure.

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