Expression of Interest Procedure in Public Procurement Law 2026

Definition: The expression of interest procedure is an informal instrument upstream of the actual tender procedure with which contracting authorities explore the market and invite undertakings to express their interest in a planned contract, without this constituting a binding invitation to submit a tender.

Last updated: January 2026 · Legal basis: BVergG 2018 § 58; GWB § 28; Directive 2014/24/EU recital 48

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What is the Expression of Interest Procedure?

The expression of interest procedure serves to explore the market and identify potential contractors before a formal tender procedure is launched. It is not a standalone procurement procedure but a preparatory measure. Contracting authorities use it to gather market information, refine the specification, and identify suitable providers.

The expression of interest procedure must be distinguished from:

• Market exploration/market consultation: general gathering of information without a specific need being announced
• Pre-qualification round: formal first step of a two-stage tender procedure
• Prior information notice: formal announcement under EU law

Course of the Expression of Interest Procedure

The expression of interest procedure follows no legally prescribed course but should be conducted transparently and without discrimination.

1. Publication of the call for expressions of interest – the contracting authority describes the need and invites undertakings to express their interest (often via procurement platforms, official journals, or direct contact)
2. Receipt of expressions of interest – undertakings indicate whether they would be interested in such a contract and, where appropriate, what solution approaches they might offer
3. Evaluation – the contracting authority analyses the responses and uses the insights for the specification and the choice of procedure
4. Initiation of the formal tender procedure – on the basis of the information obtained, the appropriate tender procedure is selected

Legal Classification and Limits

The expression of interest procedure does not bind the contracting authority and does not give rise to any rights of the responding undertakings. Nevertheless, the general procurement principles must be observed:

• Non-discrimination: all undertakings must be treated equally; no information advantage may be created for individual bidders
• Transparency: where possible, the call for expressions of interest should be publicly accessible
• Protection of competition: information obtained in the expression of interest procedure must not be used to favour certain undertakings in the subsequent tender procedure
• No duty to procure: the contracting authority is not obliged to launch a formal tender procedure after an expression of interest procedure

In Austria the expression of interest procedure is governed by § 58 BVergG 2018 as a particular form of market consultation. In Germany there is no specific provision, but market exploration is expressly permitted under § 28 GWB.

Distinction from the Pre-qualification Round

Unlike the expression of interest procedure, the pre-qualification round is a formal procedural step that is part of the actual tender procedure and is subject to clear statutory requirements. In the pre-qualification round, candidates are selected on the basis of formal eligibility criteria and invited to tender. The expression of interest procedure has no formal character and does not affect the subsequent selection of bidders.

Related Terms

• Market Exploration
• Tender Procedure
• Prior Information Notice

FAQ

Must the expression of interest procedure be publicly advertised? There is, in principle, no statutory duty of public notice. For transparency reasons, however, broad publication is recommended, e.g. via procurement platforms or in the official journal.

Can bidders that responded to the expression of interest procedure be excluded from the subsequent tender procedure? No, participation in the expression of interest procedure must not lead to disadvantage. However, bidders that have assisted the contracting authority as advisers may, in certain cases, be excluded for conflict of interest – separate rules apply here.

How long does an expression of interest procedure last? There are no statutory deadlines. The duration depends on the specific procurement project, typically two to six weeks.

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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.