Bidder Communication in Public Procurement 2026
Bidder communication in public procurement: permitted communication channels, equal treatment, electronic channels and documentation duties in procurement procedures.
Definition: Bidder communication covers all permitted forms of communication between contracting authority and bidders or candidates during a procurement procedure, from answering bidder questions through to notifying the award decision.
Last updated: January 2026 · Legal basis: Art. 22 Directive 2014/24/EU, § 9 VgV, § 10 UVgO, § 47 BVergG 2018
What is bidder communication?
Bidder communication is a central element of the procurement-law principle of transparency and must be organised so that all bidders are treated equally and no competitive advantages arise from informal exchanges of information. Procurement law sets out in detail through which channels, in what form and at what times contracting authority and bidders may communicate with each other.
Electronic communication as the default
Since the full implementation of the 2014 procurement directives, electronic communication has been the standard form of bidder communication in EU procurement law. Under Art. 22 Directive 2014/24/EU, contracting authorities must use electronic means for all forms of communication and information exchange. This covers:
- Publication of the procurement documents
- Answering bidder questions
- Submission of tenders and requests to participate
- Notification of procedural decisions
Permitted communication channels
In practice, bidder communication takes place via approved e-procurement platforms that ensure the authenticity, integrity and confidentiality of the information exchanged. Common platforms in Germany are DTVP, Vergabe.NRW, eVergabe (federal) and country-specific solutions. In Austria, the platform of the Bundesbeschaffung (BBG) and the Ausschreibungsportal Wirtschaft (ANKÖ/RIS) are used.
Equal treatment in communication
The principle of equal treatment prohibits any preferential supply of information to individual bidders. Information given to one bidder must be communicated simultaneously and in full to all other participants. This also applies to oral information, which must be recorded in writing and distributed afterwards.
Confidentiality
Certain information in the procurement procedure is subject to confidentiality. In particular, tender content is strictly confidential until the tender opening; the name of a questioning bidder is also generally anonymised when questions and answers are published.
Communication in negotiated procedures
Special rules apply to communication in negotiated procedures and competitive dialogue. Negotiations must be minuted; confidential information from one tender may not be disclosed to other bidders without the consent of the bidder concerned.
FAQ
May the contracting authority communicate with bidders by phone? Yes, but only for informal clarifications. Substantively relevant information must be put in writing and shared with all bidders.
Must the contracting authority document all communication with bidders? Yes. All material communications must be recorded in the procurement file in order to ensure traceability of the procedure.
Can a bidder contact the contracting authority's case officer directly? Only through the designated channels. Attempts to gain informational advantages through informal contacts can be treated as a ground for exclusion.
Last updated: January 2026 Information provided without warranty. For legally binding advice, please consult a law firm specialising in public procurement.
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