Bidder Question in Public Procurement 2026

Bidder question in public procurement: the bidder's right to clarification, deadlines, the contracting authority's duty to answer, and equal treatment of all participants.

Definition: A bidder question is a written request from a bidder or interested operator to the contracting authority intended to clarify ambiguities in the procurement documents, the technical specifications or the procedural rules.

Last updated: January 2026 · Legal basis: Art. 53 Directive 2014/24/EU, § 51 VgV, § 20 UVgO, § 115 BVergG 2018

What is a bidder question?

The ability to ask bidder questions is a key element of the procurement principles of transparency and equal treatment. Procurement documents are complex and may contain ambiguities or contradictions that cause problems for bidders when preparing tenders. Procurement law therefore gives interested operators and bidders the right to ask questions within a defined period and to receive clarifying answers.

The contracting authority's duty to provide information

The contracting authority is generally required to answer bidder questions submitted in good time, provided the questions are objectively justified. Under Art. 53 (2) Directive 2014/24/EU, additional information requested by bidders in good time (at the latest six days before the tender deadline) must be supplied at the latest four days before the tender deadline expires.

The answers must be communicated to all bidders simultaneously, even where only one bidder asked the question. The identity of the questioning bidder is generally anonymised.

Deadlines for bidder questions

The procurement documents typically set a deadline for questions to be submitted. In practice this deadline is usually six to ten days before the tender deadline expires. Questions received after this deadline need not be answered by the contracting authority if a reply could no longer be given in time before tender submission.

Equal treatment

The principle of equal treatment prohibits the contracting authority from giving preferential information to individual bidders. All information — including information given orally — must be put in writing and passed on to all participants. Informal contacts between contracting authority and individual bidders that confer an information advantage on the latter are unlawful under procurement law.

Electronic handling

On modern e-procurement platforms, bidder questions and answers are handled through the platform. Bidders submit questions via the platform portal; the contracting authority answers them via the platform as well, so that all registered interested operators are automatically informed.

FAQ

What happens if the contracting authority fails to answer a bidder question? If the contracting authority leaves a timely, relevant question unanswered, this can give rise to a challenge and, if appropriate, a review application. In the worst case the failure can lead to the procedure being annulled.

Can bidders ask questions anonymously? On most e-procurement platforms the identity of the questioning bidder is known to the contracting authority; questions and answers are, however, published anonymously to the other bidders.

What is the difference between a bidder question and a formal challenge? A bidder question serves to clarify ambiguities and is not a complaint. A formal challenge ("Rüge") is the formal complaint of a breach of procurement law and is a prerequisite for a review application.

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