Cover Letter in Public Procurement Law 2026

Definition: The cover letter in public procurement is an accompanying letter sent either by the contracting authority to bidders (e.g. invitation to tender) or by bidders to the contracting authority (e.g. as a cover sheet for the tender), containing essential information about the procurement procedure or the tender.

Last updated: January 2026 · Legal status: BVergG 2018, VgV, VOB/A, UVgO

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What is a cover letter in public procurement law?

The cover letter has a dual function in the procurement procedure: as a document issued by the contracting authority, it opens the tender phase; as a document issued by the bidder, it accompanies the submitted tender. In practice, the cover letter is often the first substantive document the parties see and sets the formal framework for the further procedure.

Cover Letter from the Contracting Authority

The contracting authority's cover letter – also referred to as the invitation letter – informs selected companies of the essential parameters of the procedure and invites them to submit a tender. It typically contains:

• Designation and reference number of the procurement procedure
• Short description of the subject matter of the contract
• Bid submission deadline and submission arrangements
• References to enclosed procurement documents
• Contact person and contact details
• Notes on confidentiality and data protection

In restricted procedures and negotiated procedures, the cover letter is the central means of communication with the selected candidates and must contain all information necessary to prepare the tender.

Cover Letter from the Bidder

The bidder's cover letter serves as a structured cover sheet for the tender, containing the most important core data at a glance. It usually includes:

• Company name and address of the bidder
• Tender designation and reference number
• Date of bid submission
• Tender sum (gross and net)
• Standstill period
• Signature of the authorised representative

Substantively binding declarations (e.g. price details) must be made in the official procurement forms; the cover letter is primarily informational in nature.

Formal Requirements

With electronic tender submission, cover letters are often replaced by standardised forms in the procurement platform; nonetheless, accompanying letters can still be uploaded. Essential formal requirements for tender submission itself are set out in the procurement documents; the cover letter as such is rarely formally prescribed but is generally customary in practice.

FAQ

Is a cover letter mandatory when submitting a tender? Generally not. The mandatory components of a tender are set out in the procurement documents. A cover letter is a formality that is expected in practice, but only leads to exclusion if explicitly prescribed as a mandatory document.

What is the difference between a cover letter and a tender letter? The tender letter is the legally binding document by which the bidder formally submits its tender. The cover letter is an informal accompanying letter without any independent legal binding effect.

Can a contracting authority's cover letter contain legally binding determinations? Yes. If the contracting authority's cover letter contains binding procedural rules or deadlines, these are decisive for the procedure.

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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.