Commercial Variant Bid in Procurement Law 2026

Definition: A commercial variant bid is an alternative bid submitted alongside the required main bid which does not vary the technical performance but instead varies the commercial terms – in particular payment terms, delivery deadlines, discounts or financing models – from the contracting authority's specifications.

Last updated: January 2026 · Legal status: BVergG 2018 § 117; VOB/A § 13 para. 3; VgV § 35

---

What is a commercial variant bid?

The commercial variant bid is a sub-category of variant bid in which a bidder does not offer a technical alternative to the service tendered but proposes different terms for payment, delivery or financing. Typical contents of commercial variant bids are:

• Differing payment deadlines or methods
• The granting of a discount for early payment
• Alternative financing models (e.g. leasing instead of purchase)
• Differing delivery deadlines or terms
• Rebates for the purchase of specified quantities

Admissibility

Commercial variant bids are only admissible where the contracting authority has expressly authorised them in the procurement documents. Without such express authorisation, variant bids – whether technical or commercial – cannot be evaluated and must be excluded.

Where the contracting authority allows variant bids, it must lay down in the procurement documents the minimum requirements that variant bids must satisfy in order to be evaluated. Without specified minimum requirements, variant bids may not be evaluated above the EU thresholds.

Distinction from the technical variant bid

The technical variant bid offers an alternative technical solution to the service tendered, whereas the commercial variant bid leaves the technical solution unchanged and varies only the terms. In practice, the boundary is not always clear-cut, for instance with bids proposing a leasing rather than a purchase model, which thereby also shift responsibility for maintenance.

Related terms

• Variant Bid
• Cash Discount
• Bid

FAQ

Must a bidder always also submit a main bid where it wishes to submit a commercial variant bid? In principle, yes. The variant bid is to be measured against the main bid. However, contracting authorities may also authorise variant bids exclusively in the procurement documents.

Can commercial variant bids be awarded the contract? Yes, where they have been authorised, satisfy the minimum requirements and, when evaluated against the award criteria, emerge as the most economically advantageous bid.

---

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