Expression of Interest in Public Procurement Law 2026

Expression of interest: preliminary procedure for market exploration and bidder identification before the actual tender in public procurement.

Definition: An expression of interest is an informal preliminary procedure in which contracting authorities explore the market and invite potential bidders to express their interest in a planned contract, without initiating a formal tender procedure.

Last updated: January 2026 · Legal basis: §§ 28, 29 VgV; Art. 40 Directive 2014/24/EU; § 59 BVergG 2018

What is an Expression of Interest?

The expression of interest (also: expression of interest procedure) is an upstream, informal instrument of market exploration that helps contracting authorities understand the market and identify suitable bidders before they launch a formal tender procedure. It is not a stand-alone procurement procedure under procurement law but a preparatory measure.

Typically the contracting authority publishes a notice or addresses the market in writing, describing the planned project and inviting undertakings to communicate their interest, their capabilities, and, where appropriate, initial solution ideas.

Distinction from the Expression of Interest Procedure (EoI Procedure)

In Austrian procurement law (§ 59 BVergG 2018) the expression of interest procedure is a defined term: it refers to the procedure by which the contracting authority, in cases where an undertaking has submitted an initiative, gives the market the opportunity to offer comparable or better solutions. It serves equal treatment and the prevention of distortions of competition caused by such initiatives.

Purpose of the Expression of Interest

The expression of interest pursues several objectives:

Market observation: the contracting authority obtains an overview of available solutions and potential providers.
Clarification of needs: feedback from market participants helps to specify the requirements.
Bidder identification: especially for specialised services, suitable bidders for a later procedure can be identified in this way.
Preparation of a competitive dialogue or innovation partnership.

Procurement Law Requirements

An expression of interest is not a tender procedure and creates no procurement obligations. It is not subject to the formal requirements of a tender procedure. Nonetheless the contracting authority must ensure that:

No impermissible passing-on of information to individual undertakings occurs that would distort subsequent competition.
Undertakings that participate in the expression of interest receive no impermissible advantages in the subsequent tender procedure.
Information from the market exploration is made equally accessible to all potential bidders (§ 29 VgV).

Transition to the Formal Tender Procedure

An expression of interest does not oblige the contracting authority to launch a tender procedure. If it decides to do so, it must conduct a regular tender procedure. Undertakings that participated in the expression of interest must be treated equally; their knowledge from the preliminary procedure must, where necessary, be offset by passing on information to all bidders.

Related Terms

FAQ

Does an expression of interest have to be publicly advertised? There is no statutory duty of public notice. For equal treatment and transparency, however, broad publication is recommended.

May an undertaking that participated in the expression of interest also bid in the subsequent tender procedure? Yes, in principle. The contracting authority must, however, ensure that the undertaking gains no unjustified competitive advantage. Where necessary, the information received must be communicated to all bidders (§ 29(2) VgV).

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