Four-Eyes Principle in Public Procurement Law 2026 – Controls & Compliance

Definition: The four-eyes principle in procurement law is the organisational requirement that key decisions in the procurement procedure – in particular the examination of tenders, evaluation and award – are not taken by a single person alone but are always taken or reviewed by at least two persons.

Last updated: January 2026 · Legal basis: BVergG 2018, GWB, general compliance principles

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What is the four-eyes principle?

The four-eyes principle is an organisational control principle intended to prevent corruption, favouritism and unconscious errors in procurement procedures. It originated in banking but has become established as a central element of proper procurement processes. The principle means: every relevant procurement decision must be reviewed and confirmed by a second, independent person.

The four-eyes principle is not enshrined in a single statutory provision but arises from the general duty to conduct procurement properly, from compliance requirements and from internal service instructions of most public contracting authorities.

Areas of application within the procurement procedure

The four-eyes principle should be applied in all decision-relevant phases of the procurement procedure:

• Needs assessment and specifications: review by a second expert
• Preparation of the procurement documents: legal and technical review before publication
• Tender examination and evaluation: at least two persons review independently
• Award decision: approval by superiors or by a procurement committee
• Contract negotiations: no one-to-one meetings with bidders without minutes and a second person

Significance for the prevention of corruption

The four-eyes principle is the most effective preventive tool against corruption in procurement. Where a single person takes all decisions, there is significant potential for abuse. Involving a second person not only increases the likelihood that misconduct will be detected but also acts as a deterrent.

Internal audit, supreme audit institutions and anti-corruption authorities regularly check whether the four-eyes principle has been observed in procurement procedures.

Documentation

To ensure that the four-eyes principle can be evidenced, both persons involved must be named in the procurement file note and their role must be documented. Joint review notes, signature lists and minutes are common forms of documentation.

FAQ

Does the four-eyes principle also apply to direct awards? Yes. Even for direct awards below the value thresholds, the four-eyes principle should be observed for compliance reasons.

What if the procurement office is too small in terms of staff? Small municipalities or offices can call on external procurement experts or higher-level authorities to secure the four-eyes principle.

Does a breach of the four-eyes principle have legal consequences? A single breach does not automatically invalidate the procurement decision but can be taken as an indication of an improper procedure and may favour review proceedings.

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