File Inspection in Public Procurement Law 2026

Definition: File inspection (Akteneinsicht) in public procurement law is the right of an applicant in review proceedings to inspect the procurement documents and files held by the public procurement chamber or review body in order to be able to verify the legality of the award decision, save where the trade or business secrets of other parties stand in the way.

Last updated: January 2026 · Legal status: § 165 GWB; §§ 322 et seq. BVergG 2018; VwGO (for administrative courts)

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What is file inspection in public procurement?

The right of file inspection is a fundamental procedural right in procurement review proceedings and an expression of the right to a fair trial. Without file inspection, an unsuccessful bidder cannot fully understand the reasons for its non-selection or effectively exercise its legal remedies. At the same time, the right of file inspection must be balanced against the protection of trade and business secrets of the other parties.

In Germany, § 165 GWB governs file inspection in review proceedings before the public procurement chamber. The procurement chamber decides at its dutiful discretion to what extent file inspection is granted.

Scope of file inspection

File inspection generally covers all procedurally relevant documents which the contracting authority has submitted to the procurement chamber.

This typically includes:

• The procurement file and award report
• Tenders (including prices, where not classified as trade secrets)
• Evaluation matrices and scoring sheets
• Bidder queries and replies
• Bidder information letters
• Minutes of negotiations (in the negotiated procedure)

Not normally accessible are:

• Content of the successful bidder's tender classified as a trade secret
• Internal advisory notes and legal opinions of the contracting authority (where protected)
• Personal data not relevant to the procedure

Protection of trade secrets

The protection of trade and business secrets is the most important limit on file inspection. Bidders may mark certain information in their tenders as confidential (e.g. price calculation, manufacturing processes, supplier list). The review body assesses whether the confidentiality marking is justified. Tenders that are flagged as "confidential" en bloc without reasoning are not automatically protected.

In Germany, the Act on the Protection of Trade Secrets (GeschGehG) has applied since 2019 and also applies in the procurement context.

File inspection under Austrian law

In Austria, the right of file inspection in review proceedings before the Federal Administrative Court (BVwG) and the regional administrative courts is governed by the General Administrative Procedure Act (AVG) and the provisions of the BVergG. The BVwG grants file inspection under § 17 AVG subject to the same restrictions for trade secrets.

FAQ

When can I apply for file inspection? File inspection can be applied for in the context of review proceedings. Before review proceedings are initiated, there is generally no entitlement to file inspection.

What happens if the contracting authority refuses file inspection? The procurement chamber can order the production of documents and draw consequences in the case of unjustified refusal.

Can I inspect the tenders of other bidders? Only to the extent that no trade secrets are affected. Prices and scoring points are generally accessible; specific calculation details often are not.

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