E-Tendering in Public Procurement 2026

E-tendering: the fully electronic procurement procedure. Legal obligation, platforms and requirements for contracting authorities and tenderers.

Definition: E-tendering refers to the fully electronic handling of a public procurement procedure — from publication of the notice to provision of procurement documents, electronic tender submission, electronic award, and communication with tenderers.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 22, BVergG 2018 §§ 83–89, VgV § 11

What is e-tendering?

E-tendering is the fully digital conduct of public procurement procedures and has been mandatory above the thresholds across the EU since 2018. The term is used in German-speaking jurisdictions as shorthand for electronic procurement and conceptually corresponds to "e-tendering" in English. E-tendering is a core component of the broader e-procurement landscape and covers, in particular, the legally binding steps of the procurement procedure: notice, provision of procurement documents, submission of tenders, and award.

The legal basis at EU level is Art. 22 of Directive 2014/24/EU, which obliges Member States to design all communications in the procurement procedure as electronic. Exceptions are permitted only in narrow, statutorily defined cases (e.g. physical models, specialised file formats).

Legal basis

The e-tendering obligation arises from a layered system of European and national provisions.

Austria (BVergG 2018)

In Austria, the Federal Procurement Act 2018 (BVergG 2018) requires contracting authorities above the thresholds to conduct procurement procedures electronically (§§ 83–89 BVergG 2018). Procurement documents must be made available electronically, and tenders must be received electronically. For the transmission of tenders, qualified or advanced electronic signatures are provided for to the extent secure, verifiable submission is required.

Germany (VgV / VOB/A)

In Germany, § 11 VgV (Vergabeverordnung) governs the duty to use electronic communication above the thresholds for supply and service contracts. For works contracts, § 11 VOB/A EU sets out corresponding requirements. Below the thresholds, the UVgO recommends electronic handling without fully mandating it.

Platforms and technical requirements

E-tendering platforms must meet minimum requirements for security, confidentiality and accessibility.

Key technical requirements include:

Confidentiality of tenders: Tenders may only be opened electronically after expiry of the tender deadline.
Verifiability: Time stamps and electronic confirmation of receipt.
Accessibility: The platform must be accessible to all tenderers, regardless of the hardware and software they use.
Interoperability: Support for common formats (e.g. PDF, XML for eForms).

Important platforms in Austria and Germany include: Vergabe.at, BBG portal, TED (EU-wide notices), DTVP, subreport ELViS, eVergabe.de, and numerous Länder and municipal systems.

Benefits of e-tendering

Digitalisation of the procurement procedure brings demonstrable benefits for all parties involved.

Contracting authorities benefit from automated workflows, lower paper costs and improved documentation.
Tenderers gain location-independent, round-the-clock access to procurement documents.
Review bodies and procurement chambers benefit from complete, seamless procedural documentation.
The error-proneness of manual processes decreases, and the transparency of the procedure increases.

Exceptions to the e-tendering obligation

Art. 22(1) third subparagraph of Directive 2014/24/EU allows exceptions in clearly defined cases:

Where specialised office equipment is required to present the tender that is not generally available
Where information must be submitted that, due to its physical characteristics, cannot be transmitted electronically (e.g. samples, models)

Related terms

FAQ

Is e-tendering also mandatory below the thresholds? There is no EU-law obligation below the thresholds; many contracting authorities nevertheless use e-tendering platforms voluntarily.

What signatures are required for e-tendering? Depending on national transposition and the type of procedure, a simple, advanced or qualified electronic signature may be required.

What happens if a contracting authority breaches the e-tendering obligation? Tenderers may bring review proceedings before the competent procurement supervisory authority (Vergabekammer, BVA in Austria) and obtain a finding of unlawfulness.

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