Contingent Item in Public Procurement 2026

Definition: A contingent item is a conditional work item set out in the bill of quantities that is only to be performed by the contractor if the contracting authority expressly calls it off – in principle, it is not included in the total price in the bid evaluation.

Last updated: January 2026 · Legal basis: BVergG 2018, ÖNORM A 2063, VOB/A, VgV

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What is a contingent item?

The contingent item is a well-established instrument of tender practice that allows contracting authorities to provide for performances whose necessity is still uncertain at the time of the tender and to safeguard the pricing in the bill of quantities. It differs from regular items in that its performance depends on a later decision by the contracting authority. Typical use cases are performances that only become necessary under certain ground conditions, in case of unforeseen subsoil conditions, or for technical alternatives.

In Austria, the contingent item is governed by ÖNORM A 2063 and the BVergG 2018. In Germany, an analogous provision is found in VOB/A under the term "Bedarfsposition" (contingency item). The terms are often used synonymously in practice, although there are slight differences in handling between Austrian and German law.

Distinction from other items

The correct classification of a performance as a contingent item – and not as a base item or alternative item – has direct implications for bid evaluation.

Item type	In the evaluation?	Performance obligation
Base item	Yes	Always
Contingent item	No (only on call-off)	Only on instruction
Alternative item	Only one alternative	At the contracting authority's choice
Optional item	Only one option	At the contracting authority's choice

Since contingent items are not factored into the evaluation price, bidders can quote unit prices for these items, but these do not affect the evaluation result. This entails the risk of mixed calculations, in which bidders undervalue the base items and overvalue the contingent items.

Procurement law specifics

Contingent items must be clearly identified as such in the specification of works, as otherwise the principles of transparency and equal treatment are breached.

When formulating contingent items, the contracting authority must observe the following requirements:

• Clear identification: The item must be clearly marked as a "contingent item" or "contingency item".
• Substantive justification: There must be a comprehensible reason for the contingency.
• Estimate: In Austria, an estimated scope (preset quantity) must be provided for contingent items to enable realistic calculation by bidders.
• Call-off right: The right to call off lies exclusively with the contracting authority; the contractor has no entitlement to the performance of the contingent item.

Risks for bidders and contracting authorities

Bidders should calculate contingent items carefully, as the contracting authority has the right not to call off these performances without giving reasons.

For the contracting authority, the risk exists that bidders use price flexibility on contingent items for a mixed calculation. Procurement review authorities check in such cases whether the pricing is consistent with commercial reasoning.

Related terms

• Bill of quantities
• Optional item
• Specification of works
• Variant bid

FAQ

Are contingent items included in the evaluation price? No. Contingent items are in principle not taken into account in bid evaluation. Only if the contracting authority expressly calls them off are the agreed unit prices paid.

Can the contracting authority call off a contingent item without additional cost? Yes, provided that the unit price for the contingent item has already been fixed in the bid. No separate price agreement is required.

What is the difference between a contingent item and an alternative item? With an alternative item, the bidder offers an alternative to a base performance; the contracting authority chooses between the base and alternative item. With a contingent item, the performance is instead a supplement that can be performed in addition to the base performance.

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