Cascade in Public Procurement Law 2026

Cascade in public procurement: the stepwise application of evaluation criteria or procedural rules where subsequent steps only apply on the basis of the previous one.

Definition: In public procurement law a cascade refers to a stepwise system in which rules, criteria, or procedural steps are applied successively, with each subsequent step becoming relevant only where no clear decision was possible at the preceding step – used in particular as an evaluation cascade for award criteria and as a sub-contractor cascade.

Last updated: January 2026 · Legal basis: BVergG 2018; GWB/VgV; case law of the Higher Regional Courts and the CJEU

What is a Cascade in Procurement Law?

The term cascade describes hierarchically tiered regulatory systems in procurement law in which higher-tier rules apply with priority and lower-tier rules apply only on a subsidiary basis. In procurement practice the cascade appears in various contexts.

Evaluation Cascade

The evaluation cascade describes a test sequence in tender evaluation in which tenders only move to the next evaluation tier once a particular condition is met.

Typical evaluation cascade in tender review and assessment:

Formal review: completeness of tenders, compliance with formalities
Examination of grounds for exclusion: are there mandatory or discretionary grounds for exclusion?
Suitability examination: does the bidder meet the suitability criteria (technical capacity, performance capability, reliability)?
Substantive review: does the tender meet the requirements of the specification?
Award evaluation: which tender is the most economically advantageous under the award criteria?

A tender that drops out at an early stage is not evaluated at the subsequent stages.

Sub-contractor Cascade

The sub-contractor cascade refers to the tiered onward passing of services by sub-contractors to their own sub-contractors (further sub-contractors). In procurement law this chain structure is relevant because the main contractor remains liable to the contracting authority for the performance of all links in the chain, and suitability requirements must be passed down to the entire cascade.

Cascade in Framework Agreements

For framework agreements with several contractors, procurement law provides for a cascading call-off under which a contract is first offered to the first-ranked or best-placed contractor and – if it cannot or will not deliver – the next in the ranking is approached.

Related Terms

FAQ

Is the evaluation cascade required by law? The stepwise test sequence follows from the procurement statutes and case law. An explicit designation as a "cascade" does not appear in the statutory text, but the test sequence must be observed.

Can the cascade be modified in favour of the bidder? No. The order of the examination steps is not at the disposal of the parties. A contracting authority may not, for instance, examine the award criteria first and the suitability criteria only thereafter.

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