Bid-Opening Record in Public Procurement 2026

Definition: The bid-opening record (also: opening minutes) is the formal written record of the conduct of the bid opening that documents all material procedural steps, the bids received and the facts established, and which is to be kept as part of the procurement file.

Last updated: January 2026 · Legal basis: § 55 VgV, § 14 VOB/A EU, § 53 UVgO, § 124 BVergG 2018

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What is the bid-opening record in public procurement?

The bid-opening record is the central documentation instrument for the bid opening: it captures the formal course of the opening session and forms the basis for the subsequent bid examination and evaluation. All information recorded at the bid opening — in particular bidder names, bid prices and any reservations — must be entered in the record.

Content of the bid-opening record

A procurement-law compliant bid-opening record must, under § 55 VgV, contain at least the following details:

• Date and time of the opening
• Names of the persons present (procurement team, bidder representatives, where present)
• List of bids received in time (bidder names)
• List of late bids (where applicable)
• Bid prices (or the figures decisive for comparing the bids) from each bid
• Special observations (e.g. reservations, variant bids, discrepancies)

In the construction sector (§ 14 VOB/A EU), comparable requirements apply; the record must be read out or handed to the bidders or their representatives present.

Significance of the bid-opening record

The record serves transparency and traceability of the procurement procedure; it is part of the procurement file, which documents the entire procurement process. In review proceedings, the record is an important piece of evidence proving the regularity of the bid opening.

Electronic bid opening

In e-procurement, the "opening" of encrypted bids is carried out by technical release at the time of opening; in this case too a record must be drawn up documenting the corresponding events.

FAQ

Do bidders have a right to inspect the record? In the construction sector (VOB/A), bidders or their representatives have the right to be present at the opening and to inspect the record. In the supply and services sector, this right is less clearly governed by law.

How long must the record be retained? As part of the procurement file, the record must generally be retained for at least four to five years after conclusion of the procurement procedure; for EU-co-financed projects longer retention periods apply.

What happens if the record is missing or incomplete? A missing or incomplete record is a procedural defect that may call into question the regularity of the procurement procedure, but does not necessarily lead to ineffectiveness of the award.

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