Evaluation Stages in Procurement Law 2026 – The Multi-Stage Tender Examination Explained

Definition: Evaluation stages denote the legally prescribed multi-stage examination and scoring of tenders in a procurement procedure, which proceeds from formal completeness checks through eligibility and exclusion checks to the substantive tender scoring against the award criteria.

Last updated: January 2026 · Legal basis: §§ 56, 57, 122–125, 127 GWB, §§ 42–58 VgV, § 16 VOB/A

---

What are evaluation stages?

The multi-stage tender examination – the so-called evaluation stages – is a structured procedure ensuring that only eligible, proper and economically sound tenders reach the final evaluation. The system of evaluation stages prevents formally defective tenders or tenders from ineligible undertakings from receiving the contract. At the same time, it protects bidders from arbitrary exclusion.

The examination must take place in the prescribed order: at each stage tenders may be eliminated; only those tenders that have passed all preceding stages are examined at the next stage.

The four classic evaluation stages

Stage 1: Formal examination (completeness and timeliness)

At the first evaluation stage, the contracting authority examines whether the tender has been submitted in due form and on time. It is checked whether:

• The tender was received before the tender deadline
• The required documents and declarations are complete
• Formal requirements are observed (written form, signature, where applicable, stamp)
• Price entries are proper, without reservation or amendment

Tenders that do not meet the formal requirements must in principle be excluded (§ 57 VgV). In certain cases, missing documents may be requested subsequently (§ 56(2) VgV).

Stage 2: Eligibility check

At the second stage, it is examined whether the bidder has the required eligibility, i.e. whether they possess the necessary:

• Professional competence: occupational qualification, technical knowledge, experience
• Capacity: technical and economic-financial capacity
• Reliability: no serious professional misconduct, no insolvency

Eligibility requirements must have been announced in advance in the contract notice. Bidders who fail to meet the minimum requirements are excluded from further evaluation.

Stage 3: Exclusion check (mandatory and discretionary grounds for exclusion)

At the third stage, the contracting authority examines whether mandatory or discretionary exclusion grounds under §§ 123, 124 GWB apply. Mandatory exclusion grounds (§ 123 GWB) include, for example, final convictions for serious offences (bribery, fraud, money laundering, human trafficking). Discretionary exclusion grounds (§ 124 GWB) include, for example, serious professional misconduct, unpaid taxes and social security contributions, or significant defects in performance of earlier contracts.

For discretionary exclusion grounds, the contracting authority has discretion which it must exercise duly. Bidders may overcome exclusion grounds through self-cleaning measures under § 125 GWB.

Stage 4: Substantive tender scoring (award criteria)

At the fourth and final stage, the remaining tenders are scored against the award criteria announced in advance. The aim is to identify the most economically advantageous tender. The following are examined and scored:

• Reasonableness of prices (where applicable, clarification of abnormally low tenders)
• Quality criteria against the established scoring matrix
• Total score and ranking of tenders

Importance of the sequence

Observance of the order of the evaluation stages is legally mandatory. Contracting authorities may not substantively score a tender that should already have been excluded at an earlier stage. Conversely, contracting authorities may not exclude a tender on substantive grounds at a formal examination stage (for example, an expensive tender may not be declared formally incomplete on the basis of its price).

FAQ

Must the contracting authority go through all four evaluation stages? Yes, all stages must be applied. However, in the case of clearly incomplete or clearly ineligible tenders, the contracting authority may end the examination early once a ground for exclusion is established.

Can a bidder challenge their exclusion at a particular evaluation stage? Yes, a bidder who has been wrongly excluded may file a review application with the public procurement chamber under § 160 GWB. The bidder must have raised the procurement law breach in advance.

May a contracting authority change the order of the evaluation stages? No, the order is prescribed by statute and may not be changed.

---

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